section 22
Plaintiff may be called on to make deposit or to file security
The Punjab Pre-emption Act, 1913Civil191331 sections
Statutory text
- (1) In every suit for pre-emption the Court shall, at or at any time before, the settlement of issues, require the plaintiff to deposit in Court such sum as does not, in the opinion of the Court, exceed one-fifth of the probable value of the land or property, or require the plaintiff to give security to the satisfaction of the Court for the payment, if required, of a sum not exceeding such probable value within such time as the Court may fix in such order.
- (2) In any appeal the Appellate Court may at any time exercise the powers conferred on a Court under sub-section (1).
- (3) Every sum deposited or secured under sub-section
- (1) or
- (2) shall be available for the discharge of costs.
- (4) If the plaintiff fails within the time fixed by the Court or within such further time as the Court may allow to make the deposit or furnish the security mentioned in sub-section
- (1) or
- (2) his plaint shall be rejected or his appeal dismissed, as the case may be. (5)
- (a) If any sum so deposited is withdrawn by the plaintiff, the suit or appeal shall be dismissed.
- (b) If any security so furnished for any cause becomes void or insufficient, the Court shall order the plaintiff to furnish fresh security or to increase the security, as the case may be, within a time to be fixed by the Court, and if the plaintiff fails to comply with such order, the suit or appeal shall be dismissed.
- (6) The estimate of the probable value made for the purpose of sub-section
- (1) shall not affect any decision subsequently come to as to what is the market value of the land or property.
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