| Case ID |
427369fa-ca4e-40c7-9ddd-3be5ce6fc37c |
| Body |
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| Case Number |
R.F.A. No. 84-M of 2013 |
| Decision Date |
Sep 29, 2014 |
| Hearing Date |
Sep 29, 2014 |
| Decision |
The appeal filed by Bahramand against the dismissal of his pre-emption suit was ultimately dismissed by the Peshawar High Court. The court found that the trial court had correctly dismissed the pre-emption suit due to the plaintiff's failure to comply with the court's order to deposit 1/3rd of the pre-emption amount within the specified timeframe. The court emphasized that the plaintiff had intentionally delayed the deposit, which was a requirement under the Khyber Pakhtunkhwa Pre-emption Act. The trial court's failure to order the deposit on the first date of the filing did not absolve the plaintiff of his responsibility to comply with subsequent orders. Consequently, the High Court upheld the trial court's decision, reinforcing the necessity of strict adherence to procedural requirements in pre-emption cases. |
| Summary |
The case involves a pre-emption suit filed by Bahramand against Jamaluddin and others regarding the sale of five shops. The Peshawar High Court examined the proceedings and highlighted the importance of adhering to the Khyber Pakhtunkhwa Pre-emption Act, specifically the requirement for the plaintiff to deposit 1/3rd of the sale price within thirty days of filing the suit. The court found that the trial court had failed to initially require the deposit but later issued an order for the plaintiff to deposit the amount. Despite the plaintiff's claim of having made the deposit, the court noted a delay of two days beyond the allowable time frame. The High Court ultimately ruled that the plaintiff's failure to comply with the court's directive resulted in the dismissal of the appeal. This case underscores the critical nature of compliance with procedural laws in pre-emption disputes and the consequences of negligence by litigants. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL LATIF KHAN
|
| Lawyers |
Muhammad Ayaz Khan,
Ali Baz Khan
|
| Petitioners |
BAHRAMAND
|
| Respondents |
5 OTHERS,
JAMALUDDIN
|
| Citations |
2016 SLD 1439 = 2016 MLD 383
|
| Other Citations |
Not available
|
| Laws Involved |
Khyber Pakhtunkhwa Pre-emption Act, (X of 1987)
|
| Sections |
13,
24
|