1988 SCMR 1581

MIR Versus KHAN

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Citation1988 SCMR 1581

CourtSupreme Court of Pakistan

Case No.Civil Petition No.492 of 1984

Date1986-05-30

Judge(s)Muhammad Afzal Zullah and Saad Saood Jan

Authored byMuhammad Afzal Zullah

ResultLeave granted

1. MUHAMMAD AFZAL ZULLAH, J.‑‑ Leave to appeal has been sought by a pre‑emptor against order dated 18‑3‑1984 of the Lahore High Court, whereby a Civil Miscellaneous Application (No:328 of 1984) filed by the respondents in Writ Petition No.5503 of 1978, which already stood disposed of, ;,vas allowed and the petitioner was non‑suited.

2. The Collector had passed a decree in favour of the petitioner/ pre‑emptor He approached the High Court in its writ jurisdiction through W.P.5503 of 197$ with regard to the grant of time for making the deposit. The High Court allowed the writ petition with direction to approach the Collector. The petitioner approached the Collector accordingly who accepted the amount and the proceedings ended in accordance with the intention underlying Order XX rule 14(1) clause (b) C.P.C.

3. Notwithstanding the same, the respondents' side filed afore mentioned miscellaneous application in the writ petition, which had been disposed of and they succeeded in non‑suiting the petitioner.

4. Learned counsel for the petitioner has, inter alia, contended that the course adopted by the respondents and the acceptance of their application/ pleas by the High Court is against law.

5. The questions raised in the petition require examination. Besides, this is a case of first impression. Leave to appeal accordingly is granted.

6. Security Rs.5,000.

7. The appeal shall be prepared on the present record with direction to the parties concerned to file all necessary additional documents within two months.

8. M.B.A. /M‑499/S. Leave granted.