ABDUL LATIF Versus MUHAMMAD ASLAM PARVEZ

Abdul Latif etc. petitioners have filed this revision petition list the order, dated 7‑2‑1975 passed by the learned Civil Judge Class, Khanpur, by which he rejected the prayer of the petitioner submitting personal surety instead of deposit of 1/5th of pre‑emption

2. The brief facts of the case are that in a case of pre‑emption, Muhammad Aslam Pervaiz, a pre‑emptor (respondent) applied to the Court vide his application, dated 7‑2‑1975 that he may be allowed to file a surety of the Zar‑e‑panjam amount of the property in dispute instead of paying the same in cash. Learned trial Court although did not allow him to file a personal surety yet it extended the date to deposit the Zar‑e‑panjam and ordered the applicant to deposit the same by 7‑3‑1975. This was taken exception to by the petitioner who have filed this revision petition challenging the jurisdiction of the trial Court in this matter.

3. I have heard the learned counsel for the petitioner as well as the learned counsel for the respondent and have perused the impugned order. Learned counsel for the respondent has relied on Malik Hidayat Ullah v. Murad Ali Khan P L D 1972 S C 69 in which a similar matter on all fours came before their Lordships of the Supreme Court wherein it was held that the Court was competent to extend the date for the deposit of Zar‑e‑panjam if the application was within time instead of allowing him to produce personal surety. Learned counsel for the petitioners while confronted with this situation, has conceded that the impugned order is not liable to be. interfered with. Accordingly, the civil revision is dismissed.

H. B. T. Revision dismissed.