| Case ID |
2fe0d8fc-711a-44f1-91ca-d64b0418112b |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 4463 of 1987 |
| Decision Date |
May 24, 1993 |
| Hearing Date |
May 24, 1993 |
| Decision |
The Lahore High Court allowed the petition filed by Ghulam Rasool challenging the order of the Revisional Court that had granted an extension of time to the pre-emptor for depositing pre-emption money. The Court held that the trial Court had correctly determined that it had become functus officio after passing the decree and therefore could not extend the time for deposit. The Revisional Court's order was deemed without jurisdiction and was set aside, restoring the original order of the trial Court. The Court emphasized that the principles established in previous cases, such as Shah Wali v. Ghulam Din and others, were applicable to the current matter. The Court also noted that the petitioner was not entitled to raise issues of conduct against the respondent in constitutional jurisdiction due to their failure to comply with the decree. Thus, the petition was accepted with no order as to costs. |
| Summary |
This case involves the Lahore High Court's decision on a writ petition regarding the extension of time for depositing pre-emption money under the Punjab Pre-emption Act. The key legal issues revolved around the jurisdiction of the trial Court after it had become functus officio and the ability of the Revisional Court to grant extensions when no appeal was pending. The Court cited various precedents affirming the principle that once a decree is made, the trial Court loses its authority to alter the time for compliance. The judgment emphasized the importance of adhering to procedural requirements in civil litigation and the consequences of failing to comply with court orders. The decision underlines the significance of jurisdictional limits in judicial proceedings and aims to ensure that legal processes are respected to maintain the integrity of the judicial system. In essence, the ruling serves as a reminder that parties must act promptly and within the confines of established legal frameworks, reinforcing the rule of law in civil matters. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN ALLAH NAWAZ, J
|
| Lawyers |
Naveed Saeed Khan for Appellant,
Khan Muhammad Bajwa for Respondents
|
| Petitioners |
Ghulam Rasool
|
| Respondents |
another,
ADDITIONAL DISTRICT JUDGE, NAROWAL
|
| Citations |
1994 SLD 1384 = 1994 CLC 1311
|
| Other Citations |
Shah Wali v. Ghulam Din PLD 1966 SC 983,
Surajan Singh v. Ram Bahal Lal ILR 35 All. 582,
Muhammad v. Chiragh and others PLR 1911 SC 134,
Sukramdas v. Nazar Muhammad and others ILR 6 Lah. 316,
Raunaq Ali v. Chief Settlement Commissioner PLD 1973 SC 236
|
| Laws Involved |
Punjab Pre-emption Act (I of 1913),
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
21,
148,
115,
OXX, R.14,
199
|