| Case ID |
38308733-b967-4d4c-8e38-bf20ea6f9b79 |
| Body |
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| Case Number |
Civil Revision No. 25 of 2001 |
| Decision Date |
Mar 02, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court of AJ&K accepted the revision petition, restoring the order of the trial court which had rejected the plaint due to the plaintiff's failure to deposit one-fifth of the ostensible price of the land as mandated by the Azad Jammu and Kashmir Right of Prior Purchase Act, 1993. The court emphasized that the knowledge of the counsel is treated as the knowledge of the client and highlighted the importance of timely compliance with court orders. The court found no sufficient cause for extending the time for deposit and ruled against the negligent conduct of the plaintiff. |
| Summary |
In the case of Civil Revision No. 25 of 2001, the Supreme Court of Azad Jammu and Kashmir addressed the critical legal principles surrounding the right of pre-emption. The case revolved around the plaintiff's failure to deposit the required amount within the specified timeframe, leading to the rejection of their plaint. The court underscored the necessity for strict adherence to procedural requirements in pre-emption suits, stating that the right of pre-emption is an artificial right that disrupts legitimate transactions. The decision reaffirmed that the knowledge of a lawyer is equated with that of the client, reinforcing the duty of counsel to keep their clients informed. This case serves as a pivotal reference for legal professionals dealing with pre-emption laws and emphasizes the judiciary's stance on compliance and diligence in legal proceedings. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD REAZ AKHTAR CHAUDHRY,
MUHAMMAD HAFIZ KHAN
|
| Lawyers |
Raja Shabir Ahmed Tabassum,
Raja Javaid Akhtar Khan
|
| Petitioners |
ALI ASGHAR alias ASGHAR ALI
|
| Respondents |
5 others
|
| Citations |
2002 SLD 2494,
2002 PLD 9
|
| Other Citations |
Muhammad Rafique v. Munshi Khan and others Civil Revision Petition of 6-4-1999,
Mateen Alam v. Said Ali alias Sardar Khan Civil Revision Petition No.35 of 1993,
AIR 1927 Mad. 707,
PLD 1983 SC (AJ&K) 25,
PLD 1952 Pesh. 26,
PLD 1982 SC(AJ&K) 55
|
| Laws Involved |
Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (B.K.)
|
| Sections |
6,
21
|