| Case ID |
f8fc054a-bc22-462b-b475-2ac13ea49df5 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 864 of 1984 |
| Decision Date |
Feb 23, 1986 |
| Hearing Date |
Feb 23, 1986 |
| Decision |
The Supreme Court upheld the decision of the Lahore High Court, affirming that the appellate court has the discretion to extend time for the deposit of the pre-emption amount, but such discretion should be exercised judiciously. The court found that the appellant, Bhai Khan, had been negligent and had not acted in good faith concerning the pre-emption money, thus the request for extension was denied. The court emphasized that extensions should be granted in fit cases and that the conduct of the parties must be considered. The appeal was dismissed with costs. |
| Summary |
In the case of Bhai Khan vs. Allah Bakhsh, the Supreme Court of Pakistan deliberated on the extension of time for the deposit of pre-emption amounts under the Punjab Pre-emption Act. The dispute arose when Bhai Khan, the appellant, sought to pre-empt a sale of land conducted by the respondents. Following the trial court's decree, Bhai Khan faced challenges in depositing the pre-emption amount within the stipulated time. The appellate court's discretion to extend such time was questioned, leading to significant discussions on the conduct of parties in legal procedures. The Supreme Court ultimately ruled against Bhai Khan, stressing the importance of timely actions in legal proceedings and the necessity of good faith, resulting in the dismissal of his appeal. This case highlights critical aspects of pre-emption laws and the judicial process in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
NASIM HASAN SHAH,
SHAFIUR RAHMAN,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
Kh. M. Farooq, Advocate Supreme Court,
M. A. Siddiqui, Advocate-on-Record,
Imtiaz Muhammad Khan, Advocate-on-Record
|
| Petitioners |
BHAI KHAN
|
| Respondents |
another,
ALLAH BAKHSH
|
| Citations |
1986 SLD 649,
1986 SCMR 849
|
| Other Citations |
Ghulam Muhammad and another v. Irshad Ahmad P L D 1982 S C 282,
Shah Wali v. Ghulam Din alias Gaman P L D 1966 S C 983,
Haji Ishtiaq Ahmad and another v. Bakhshava and 7 others 1976 SCMR 420,
Muhammad Shabbir and others v. Bashir Ahmad 1974 SCMR 24,
Haji Nawab Khan v. Fazalur Rehman and another 1976 SCMR 502,
Khurshid Akbar v. Mian Manzur Ahmad and another 1982 SCMR 824,
Dost Muhammad and others v. Nazar Hussain Khan and others 1984 SCMR 325
|
| Laws Involved |
Punjab Pre-emption Act (I of 1913),
Civil Procedure Code (V of 1908)
|
| Sections |
O. XX, r. 14
|