ANJUM SARWAR BUTT vs ADDITIONAL DISTRICT JUDGE, GUJRANWALA S — 2022 YLR 1077 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 YLR 1077 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: YLR
Parties: ANJUM SARWAR BUTT vs ADDITIONAL DISTRICT JUDGE, GUJRANWALA S
Subject matter: Civil
Provisions referred to: S. 24; Punjab Pre-emption Act

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

ANJUM SARWAR BUTT VS ADDITIONAL DISTRICT JUDGE, GUJRANWALA S. 24(2)---Suit for pre-emption by shafi-e-sharik---Zar-e-soim to be deposited within 30 days---Direction of Court---Petitioner's application that suit was liable to be dismissed as zar-e-soim had not been deposited within time (30 days from filing of suit) was concurrently dismissed---Held, that provision of S.24 of Punjab Pre-emption Act, 1991, were mandated to verify bona fide of the pre-emptor and for the same reason consequential penalty in event of violation of the order was provided---Section 24, Punjab Pre-emption Act, 1991 pre-required a direction for deposit of the amount of zar-e-soim with a view to attract the consequential penalty and party could not suffer on account of any omission on part of the court to give such direction---Suit was filed during summer vacations but no order was made for deposit Zar-e-soim on resumption of courts work after summer vacations pre-emptor was directed to deposit zar-e-soim within 30 days and to affix the court-fee and case was adjourned---Respondent/ pre-emptor without wasting time promptly deposited within 4 days of said order and filed paid challan on date fixed---Such dispatch of respondent was consistent with the spirit of promptitude and constituted reasonable and prudent approach that did not attract attribution of delay---Court's omission could prejudice no one in peculiar situation---Constitutional petition was dismissed accordingly.

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