| Case ID |
5c7a3ec3-1011-4f3b-a2b0-b4d6bfce590d |
| Body |
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| Case Number |
Civil Revision No.59 of 2006 |
| Decision Date |
Jul 06, 2006 |
| Hearing Date |
Jul 06, 2006 |
| Decision |
The Lahore High Court ruled that the executing court did not have the authority to dismiss the suit based on the non-payment of costs, as the decree only specified consequences for failing to pay the pre-emption price within two weeks. The court emphasized that the executing court could refuse to execute the decree but could not dismiss the suit, which was deemed an act without jurisdiction. The court set aside the previous orders that had dismissed the suit and allowed the petition, reinforcing the strict interpretation of the decree and the obligations of the trial court to comply with the procedural law. |
| Summary |
In the case of Civil Revision No.59 of 2006, the Lahore High Court addressed a dispute concerning a pre-emption decree. The petitioner, Muhammad Tahir, filed the case against respondent Khanan, following a decree that mandated the petitioner to deposit a sum of Rs.20,000 within two weeks. While the petitioner complied with the payment of pre-emption money, the costs of Rs.6,000 were not deposited due to refusal by the court's Ahlmad. The executing court dismissed the suit based on this non-payment, which led to an appeal by the petitioner. The High Court determined that the executing court lacked the jurisdiction to dismiss the suit for non-payment of costs, as the decree only allowed dismissal for failing to pay the pre-emption price within the specified timeframe. The court's ruling emphasizes the importance of adhering to the specific terms of decrees and the limitations of executing courts in civil procedure. This case highlights significant aspects of civil law, including the interpretation of court orders and the procedural rights of petitioners in pre-emption cases. It is crucial for legal practitioners to understand the implications of this ruling, as it sets a precedent for future civil litigation involving execution of decrees and the role of trial courts in ensuring compliance with procedural requirements. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN SAQIB NISAR, J
|
| Lawyers |
Inayat Ullah Khan Niazi,
Malik Zafar Iqbal
|
| Petitioners |
MUHAMMAD TAHIR
|
| Respondents |
KHANAN
|
| Citations |
2007 SLD 782,
2007 CLC 145
|
| Other Citations |
Saadullah Khan and 2 others v. Sheikh Ghulam Qasim deceased through L.Rs. and others PLJ 2001 Pesh. 76
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Punjab Pre-emption Act (IX of 1991)
|
| Sections |
O.XX,r.14,
S.38,
Ss. 5 & 24
|