| Case ID |
32183972-73d2-4e88-aa18-9c5dc7d22939 |
| Body |
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| Case Number |
Civil Appeal No.243 of 1977 |
| Decision Date |
May 26, 1987 |
| Hearing Date |
|
| Decision |
The appeal was dismissed with costs, allowing the respondent to deposit the pre-emption money or its balance under the decree dated 17-7-1976 within a month. The Supreme Court emphasized that the non-deposit of the balance amount in a pre-emption suit is not automatically fatal to the appeal. It was ruled that the appellate court has the authority to extend the time for depositing the pre-emption money, and a consent decree can be treated as a contract subject to the same principles. The court also noted that a decree from the court of first instance is not suspended automatically by the filing of an appeal unless an interim order is issued to that effect. The ruling reinforced the notion that an appeal is a continuation of the original suit. |
| Summary |
In this landmark case, the Supreme Court of Pakistan deliberated on the implications of the Punjab Pre-emption Act regarding the non-deposit of the balance amount in a pre-emption suit. The court focused on the validity of a consent decree and the authority of appellate courts to extend deadlines for monetary deposits. The case arose from a dispute over a land transaction where the appellant, Nazir Ahmad, had purchased land from Hakam Ali, the father of the respondent. The respondent claimed a superior right to pre-empt the sale but failed to deposit the required balance amount in time. The court provided clarity on the procedural nuances of consent decrees and the operational status of decrees during appeals, emphasizing that delays in deposit do not automatically invalidate claims. The ruling serves as a significant reference for future cases involving pre-emption, consent decrees, and the authority of appellate courts. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
NASIM HASAN SHAH,
SHAFIUR RAHMAN,
ALI HUSSAIN QAZILBASH,
MIAN BURHANUDDIN KHAN, JJ
|
| Lawyers |
Maqbool Elahi Advocate,
Sh. Salah-ud-Din,
Muhammad Asif Advocate,
S. Abid Nawaz
|
| Petitioners |
NAZIR AHMAD
|
| Respondents |
another,
GHULAMA
|
| Citations |
1987 SLD 649,
1987 SCMR 1704
|
| Other Citations |
Shah Wali v. Ghulam Din PLD 1966 S C 983,
Khurshid Akbar v. Manzur Ahmad 1982 SCMR 824,
Bhai Khan v. Allah Bakhsh 1986 SCMR 849,
Halsbury's Laws of England, Fourth Edn., Vol. 37, para. 390
|
| Laws Involved |
Punjab Pre-emption Act (I of 1913),
Civil Procedure Code (V of 1908),
Contract Act (IX of 1872)
|
| Sections |
21,
O.XXIII, R.3,
O.XLI, R.5,
S.10
|