| Case ID |
2aafe7e5-c184-4ae2-a8e0-e9e04fc02eda |
| Body |
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| Case Number |
Civil Appeal No. 4-P of 1971 |
| Decision Date |
Dec 20, 1973 |
| Hearing Date |
|
| Decision |
The Supreme Court ruled that the court could not be deemed to have extended the time fixed for furnishing security under section 23(1) of the N.W.F.P. Pre-emption Act merely by accepting the security after the specified period. The court emphasized that the requirement of a cash deposit or security is mandatory and intended to prevent vexatious litigation. If the plaintiff fails to comply with the order, the plaint must be rejected according to the provisions of the law. The ruling highlighted that an extension of time must be granted through an express order, and the vendee has the right to be heard before any such extension is granted. The appeal was dismissed as the appellant failed to comply with the court's directive within the stipulated time. |
| Summary |
In the landmark case of Niaz Muhammad Khan vs. Mian Fazal Raqib, the Supreme Court of Pakistan addressed critical questions regarding the N.W.F.P. Pre-emption Act, particularly section 23 concerning the requirement for plaintiffs to furnish security. The court concluded that the acceptance of security after the deadline does not constitute an extension of time, emphasizing the importance of adhering to legal timelines to prevent frivolous lawsuits. The ruling reinforced the mandatory nature of the law, asserting that failure to comply with the court's order results in the automatic rejection of the plaint. This case serves as a precedent for future interpretations of procedural compliance in legal proceedings, ensuring that the rights of all parties, particularly the vendee, are protected. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C, J.,
ANWARUL HAQ,
MUHAMMAD GUL
|
| Lawyers |
Muhammad Shafi, Senior Advocate instructed by M. Qasim Imam, Advocate-on-Record for Appellant,
Usman Ali Shah, Advocate instructed by Abdul Samad Khan, Advocate on-Record for Respondent
|
| Petitioners |
NIAZ MUHAMMAD KHAN
|
| Respondents |
Mian FAZAL RAQIB
|
| Citations |
1974 SLD 6,
1974 PLD 134
|
| Other Citations |
Zulfaqar Ali v. Akhtar Islam P L D 1967 S C 418,
Mohammad Hayat v. Raghbar Dial 33 I C 487,
Bahadur Shah and others v. Ahmad Shah A I R 1925 Lah. 209
|
| Laws Involved |
N.W.F.P. Pre-emption Act, (XIV of 1950)
|
| Sections |
23,
5.23(1),
5.23(4)
|