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Civil Revision No. 3 of 1979, decided on 8th May 1980.
S. 21(4)‑Pre‑emption‑‑Failure of pre‑emptor to deposit 1/5th of value of properly or to furnish security within time fixed or within further time ordered by Court under S. 21 of Act‑Entails rejection of petition or dismissal of appeal as case may be‑Grant of extension, held, discretion of Court but discretion to be exercised in judicial manner‑Pre‑emptor seeing extension‑‑Required to show good or sufficient cause for indulgence of Court‑Pre‑emption).
P L D 1965 Lah. 394 ; P L D 1967 Pesh. 319 ; P L D 1972 S C 69 ; P L D 1971 Azad J & K 17 ; P L D 1970 Azad J & K 109 ; Malik Hadayat Ullah and others v. Murad Ali Khan P L D 1972 S C 69 ; Niaz Ali v. Ibrahim P L D 1976 Lab. 1057 ; Ghulam Sarwwr Khan v. Muhammad Anwar Khan P L D 1971 Pesh. 170 ; Muhammad Azain Khan and another v. Diva and others P L D 1967 Lab. 1068; Abdul Wahid v. Ibrahim P L D 1966 B J 8; Mian Akhtar Islam v. Ch. Zulrinar Ali and another P L D 1965 Lab. 394; Shames‑uz Zaman and others v. Abdul Ghajoor P L D 1971 Azad J & K 16 and Gharib Shah v. Aslam Shah end others P L D 1952 Pesh. 26 ref.
‑‑‑‑ S. 21‑Pre‑emption‑Seurity deposit‑Extension of time‑Trial Court failing to apply its mind to reasons advanced by party and taking a ground of its own and not advanced by party concerned Duty of Court to give decision on basis of grounds alleged or sufficient cause shown by party and not to import its own grounds.
Gian Chafed v. Rerr Raj anal another A I R 1927 Lab. 776(2) ref.
Shahid Rathore for Petitioners.
Muhammad Akram Khan for Respondents.
Date of institution : 11th June 1979.
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