Pakistan Case Law
1988 SCMR 1867

SHAUKAT ALI Versus MUHAMMAD INAM

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Citation1988 SCMR 1867
CourtSupreme Court of Pakistan
Case No.Civil Petition No.409 of 1984
Date1988-05-25
Judge(s)Muhammad Afzal Zullah and Saad Saood Jan
Authored byMuhammad Afzal Zullah
ResultPetition dismissed

MUHAMMAD AFZAL ZULLAH, J .‑‑This is a vendees' petition in a pre‑emption matter against the dismissal of their Regular First Appeal by the High Court.

The only point pressed by the learned counsel relates to the so‑called late deposit of pre‑emption money.

2. It is not denied by the learned counsel that the so‑called default on the part of the respondent /pre‑emptor resulted on account of a wrong order passed by the learned trial Court with regard to the actual amount to be deposited. The only noticeable circumstance pointed out is that he should have been vigilant so as to prevent the Court from committing the error. We do not agree with him; firstly, on the point that the respondent was not vigilant, and secondly, from the record it does not appear that when the petitioners became aware of the error committed by the trial Court they did anything within their power to get the error corrected on the assumption that the parties before our Courts act in aid of legality and justice and do not want to obtain illegal gains nor do they try to trap the adversary in technical faults. Be that as it may, after hearing the learned counsel, we are unable to find any substance in this petitions and the same is dismissed.

M.I./S‑189/S Petition dismissed.

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