Law: Punjab Pre-emption Act, 1991

Section: 30,31,31(a)(b),30(c)(a)(b),31(2)

Law: Limitation Act, 1908

Section: 3,29,4,9,18,22

Law: Civil Procedure Code (V of 1908)

Section: OrderVII,rule11,OrderVII,Rule6

(a) Punjab Pre-emption Act (IX of 1991)-------S. 30---Limitation Act (IX of 1908), Ss.4, 9 to 18, 22 & 29---Civil Procedure Code (V of 1908), O.VII, R.6---Pre-emption suit---Limitation---Irrespective of any eventuality or situation, maximum period of limitation would be four months for cases falling in S.30(a)(b) of Punjab Pre-emption Act, 1991---Such period could be extended, if pre-emptor brought his case within scope and purview of Ss.4, 9 to 18 or 22 of Limitation Act, 1908---Mandatory for pre-emptor, while claiming exemption from limitation to state in plaint, its grounds, without which no structure of proof could be raised---Principles. According to the bare reading of the section 30 of Punjab Pre-emption Act, 1991, when considered and applied independent of section 31 thereof, it is undoubtedly clear, that the Legislature, in cases falling within the ambit of clauses (a) and (b), has fixed the maximum period of limitation for filing a pre-emption suit as four months, notwithstanding whether the knowledge of the sale has been attained by the pre-emptor or not; whereas according to clause (c), if the physical possession of the pre-empted property is taken under the sale, and the sale has been made otherwise than a registered deed, or by an attestation of the mutation, the time shall commence from the date of the change of physical possession, while clause (d); is the residuary provision which shall be attracted, if the case does not fall within the ambit of clauses (a) to (c). The provisions of section 30 thus, when considered in exclusion of any other section of Act, 1991 then it becomes quite clear and vivid, without any fear of doubt that, irrespective of any eventuality or the situation, the maximum period of limitation provided for the cases falling in clauses (a) and (b) is four months. Section 29 of Limitation Act, 1908, though being parts of the general law of the land on the subject of limitation, in unambiguous terms enunciates that it shall apply to the special or local laws, until and unless its applicability is expressly excluded. The Act 1991, which is a special law is silent about the exclusion of section 29 of Act, 1908, meaning thereby…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492