Law: Civil Procedure Code (V of 1908)

Section: O.VII,r.11

Law: Civil Procedure Code (V of 1908)

Section: O.VII,r.11

Law: Constitution of Pakistan, 1973

Section: 199

North-West Frontier Province Pre-emption Act (X of 1987)--- ----Ss. S & 31---Specific Relief Act (I of 1877), S.42---Civil Procedure Code (V of 1908), O. VII, R.11---Constitution of Pakistan, Art.199---Constitutional petition---Suit for declaration and pre-emption---Limitation---Date of attestation of sale mutation alleged by plaintiff to have been fraudulently altered in order to defeat his right of pre-emption on ground of limitation---Defendant's application under O. VII, R. 11, C. P. C., for rejection of plaint for being time barred as per date of attestation appearing on suit mutation---Order of Trial Court holding such application to be premature, but dismissal of suit by Re visional Court---Validity---Plaintiff's allegation regarding fraudulent alteration of date of attestation of suit mutation by Revenue Officer and concerned parties could not be adjudged without recording evidence of parties and concerned officials---High Court remanded case to Trial Court for decision of such application after recording necessary evidence. JUDGMENT MUHAMMAD SAFDAR KHAN SIKANDRI, J.--- A suit for declaration and pre-emption was filed by the plaintiff- petitioner in the Trial Court. Written statement was filed by contesting defendant. During pendency of suit an application under Order VII, rule 11, C.P.C. was also filed for rejection of plaint on the ground that the suit was time barred. The application was contested. 2. After hearing of arguments, the learned Trial Judge on 30-1-2006, rejected the application by holding that the same is premature. This order was challenged in Revision Petition before the learned Additional District Judge, D.I. Khan, who vide order dated 18-4-2007 by accepting application of defendant set aside the impugned order of the Trial Court and dismissed the suit of plaintiff. 3. The said order passed by the learned Additional District Judge on 18-4-2007, has been assailed in this Writ Petition under Article 199 of Constitution of Islamic Republic of Pakistan, 1973. 4. Learned counsel for the parties heard and record on file perused in the light of it. 5. Learned counsel for petitioner argued that the revisional Court has wrongly set aside…

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