Law:

Section:

N. W. F. P. Pre-emption Act (XIV of 1950)------- Ss. 6 & 18 read with Civil Procedure Code (V of 1908), O. I, r. 10-Pre-emption suit-Suing jointly with stranger-Loss of right of pre-emption-Right of pre-emption-A creature of statute, distinguish­able from primary or common law right-Right enforceable only subject to conditions and limitations laid down in statute-Conflict arising between local law and Code of Civil Procedure, 1908-Local law to prevail-Provisions of O. 1, r. 10 of Code being plainly derogatory to mandatory requirements of Ss. 6 & 18 Act XIV of 1950, S. 18 overrides provisions of O. I, r. 10-Suit instituted as soon as plaint presented and accepted by Presiding Officer, any defect notwith­standing-Plaintiff having joined stranger as co-plaintiff in suit, notwithstanding co-plaintiff later withdrawing from suit, suit. held, rightly dismissed as enjoined by S. 18-Pre-emption law in Punjab being different from corresponding law of N: W. F. P. in regard to point in dispute, cases decided under Punjab Act including P L D 1972 S C 59, held, not applicable Sheo Balak Chaudhari v. Ram Saran Chau­dhry A I R 1933 All. 788 ref. ; Mehr Allah Ditta v. Muhammad Ali P L D 1972 S C 59 ; Bhawani Prasad v. Damru I L R 1883 All. 197 ; Mulla's Principles of Muhammadan Law, 13th Edition, p. 226, Mono­graph 241; Raja and others v. Hussain and others P L D 1957 Lah. 92 and Sharaf and another v. Pir Bakhsh and another 83 P R 1893 held not applicable-[Per Muhammad Afzal Cheema (contra) disagreeing as td., meaning of words "sues jointly"]-Proceedings under pre-emption law-Essentially civil in nature-Procedure for trial of pre-emption suits--To be governed by Code of Civil Procedure, 1908, except to extent of inconsistency or specific exclusion-Question of any possible conflict between S. 6 of Act XIV of 1950 and O. I, r. 10. C. P. C. arising only on word sues occurring in S. 18 being interpreted as confined to commencement of proceedings on entertainment of plaint-Word "suing" however, to be, liberally interpreted-Much too technical view-Runs counter to object of legislation-Legislation could not intend capitalisation of a slip or bona fide mistake result­ing in…

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