Law: Punjab Pre-emption Act, 1991

Section: 6

Law: Punjab Pre-emption Act, 1991

Section: 6

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11(d),S.115

(a) Punjab Pre-emption Act (IX of 1991)-------S. 6---Civil Procedure Code (V of 1908), O. VII, R.11(d)---Constitution of Pakistan, Art.199---Constitutional petition-Pre­emption suit---Copy of suit mutation annexed with plaint showing sale of occupancy. rights in suit property---Filing of written statement by defendant and framing of issues by Trial Court---Defendant's application under O. VII, R.11, C.P.C., seeking rejection of plaint on ground that suit sale was not pre-emptable for being a sale of occupancy rights and not a, sale of ownership rights was dismissed by Trial Court and accepted by Revisional Court---Plaintiff's plea that after year 1952, sale of occupancy rights was a sale of ownership rights and not occupancy rights; and that Re visional Court was not competent to reject plaint in exercise of its revisional jurisdiction under S.115, C.P.C.---Validity---Order of Revisional Court showed that plaint had been rejected merely by appreciating contents of suit mutation---Trial Court had already , framed an issue about the controversy, thus, Re visional Court was not justified in appreciating itself a document which had not yet been brought on record as a piece of evidence---Suit mutation had to be seen by Trial Court and not by Revisional Court to determine whether suit sale was about transfer of occupancy rights or ownership rights---Power to reject plaint vested with Civil Court and not Re visional Court, which was entrusted only with revision petition and not the suit under S.24, C.P.C.---Revisional Court while passing impugned order had committed gross illegality---High Court set aside impugned order, dismissed such application and remanded case to Trial Court for its decision on merits within specified time. (b) Civil Procedure Code (V of 1908)--- ----S. 115 & O. VII, R.11---Rejection of plaint by Revisional Court---Validity---Power to reject plaint vested only with Civil Court and not Revisional Court---Principles. Sh. Naveed Sheharyar for Petitioners. R.M. Raizaq for Respondents. Date of hearing: 15th July, 2011. JUDGMENT ABDUL WAHEED KHAN, J.--- Against the sale of land measuring 53-Kanals, 1-Marla, described in para-1 of the plaint,…

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