Prejudice orders of the court

Party could not be condemned on account of an act of Court. 

2007 S C M R 399 

Present: Sardar Muhammad Raza Khan and Ghulam Rabbani, JJ

MAQSOOD AHMAD and others----Appellants

                                Versus

MEMBER, BOARD OF REVENUE, PUNJAB, LAHORE and others----Respondents

Civil Appeals No.1202 to 1205 of 2003, decided on 21st September, 2006.

(On appeal from the judgment, dated 25-1-2002 passed by the Lahore High Court, Lahore in Writ Petitions Nos.4425, 4426, 4428 and 4427 of 1996 respectively).

(a) Civil Procedure Code (V of 1908)---

----O. XX, R.14(1)(a)---Decree in pre-emption suit---Deposit of pre-emption money--Duty of Trial Court to

specify a day on or before which pre-emption money would be paid, and if such money and costs, if any, were not paid, then suit would stand dismissed with costs---Appellate Court/Authority in appeal against pre-emption decree, if suspended order of deposit of such money passed by Trial Court, would be bound to record fresh similar order, if ultimately appeal was dismissed---Principles.

While passing a pre-emption decree, the Court is bound under Order XX, rule 14, C.P.C., to specify a day on or before which the purchase money shall be so paid and that, if such money and the costs, if any, are not so paid, then the suit shall stand dismissed with costs. 

Once Appellate Court/Authority suspends the order of deposit of pre-emption money passed by Trial Court, it is bound to pass similar order, if ultimately the appeal is dismissed. The reason is obvious, because the order of Trial Court remains suspended and almost withdrawn. By the time the appeal stands dismissed, the period fixed by trial Court would have expired long ago. 

(b) Act of Court---

----Party could not be condemned on account of an act of Court. 

Bhai Khan's case 1980 SCMR 42 ref.

Mian Asrar-ul-Haq Advocate Supreme Court for Appellants.

Ch. Mushtaq Ahmad Khan, Senior Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Respondent No.3.

M. Iqbal, D.D.O.R. Wazirabad for Respondent No.2.

Date of hearing: 21st September, 2006.