Law:

Section:

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Civil Procedure Code (V of 1908), O.VII, R. 11---Pre-emption suit---Plaint, rejection of---Scope---Alienation of suit land prior to institution of suit---Vendee alienated suit property to his son prior to institution of suit---Defendant moved application for rejection of plaint which was accepted---Validity---"Whether subsequent alienation was a valid devise to ward-off the right of pre-emption or same was only a disguise/ sham transaction to deprive the plaintiff from his right of pre-emption" could only be determined after recording evidence---Courts below had ignored the settled principles of law while deciding the application for rejection of plaint---Only contents of plaint while deciding the application for rejection of the same had to be taken into consideration---Plaint, in the present case, revealed a cause of action to the pre-emptor to file suit against the impugned sale---Suit had been filed within prescribed period of limitation against the original transaction---Present suit was neither barred by any law nor did it lack disclosing a cause of action---Impugned orders passed by the Courts below were set aside---Revision was allowed in circumstances. PLD 2009 SC 93 ref. Muhammad Hussain v. Muhammad PLD 2010 SC 803; Muhammad Zaman and others v. Shah Wazir Khan PLD 2002 Pesh. 45; Aurangzeb Khan v. Haq Nawaz and others PLD 2008 Pesh. 135; Atta Ullah and 6 others v. Sanaullah and 5 others PLD 2009 Kar. 38 and Abdul Qayyum through Legal heirs v. Mushk-e-Alam and another 2001 SCMR 798 rel. (b) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Plaint, rejection of---Factors to be considered---Only contents of plaint while deciding the application for rejection of the same had to be taken into consideration. THIS JUDGMENT DELIVERED BY: SYED ARSHAD ALI, J.--- Petitioner through the instant revision petition has called in question the judgment and order of learned Additional District Judge, Ghazi Haripur dated 19.03.2015 whereby the learned Additional District Judge, dismissed Civil Appeal No. 29/13 of 2014 filed by the petitioner against the judgment and decree of learned Civil Judge,…

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