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RAHAMDAL KHAN vs IHSAN ULLAH S — 2022 CLC 2106 PESHAWAR-HIGH-COURT

Case information

Citation
2022 CLC 2106 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
CLC
Parties
RAHAMDAL KHAN vs IHSAN ULLAH S
Subject matter
Civil
Provisions referred to
S. 25---P

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

RAHAMDAL KHAN VS IHSAN ULLAH S.25---Possession through pre-emption--- Balance sale consideration, deposit of--- Suit filed by petitioner / plaintiff was decreed in his favour by Trial Court--- Lower Appellate Court set aside judgment and decree passed by Trial Court on the ground that petitioner / plaintiff failed to deposit balance consideration amount---Validity---Trial Court could become functus officio after announcement of judgment only when there was a self-operative default clause in judgment that after expiry of stipulated period suit of petitioner / plaintiff would be deemed to have been dismissed--- When no such clause was mentioned by Trial Court and amount so determined came to know to petitioner / plaintiff after obtaining attested copy of judgment, Trial Court could not be termed as to be functus officio---Petitioner / plaintiff was much vigilant as he applied for depositing remaining pre-emption amount and the same was deposited without any delay---High Court in exercise of revisional jurisdiction, set aside judgment and decree passed by Lower Appellate Court and restored that of Trial Court---Revision was allowed, in circumstances. Head Notes

Other judgments reported in 2022 CLC

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