Law: North West Frontier Province Preemption Act, (X of 1987)

Section: 13

Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.17,O.VII,R.11

Law: Transfer of Property Act, 1882

Section: 52

North-West Frontier Province Pre-emption Act (X of 1987)--- ----S. 13---Transfer of Property Act (IV of 1882), S. 52---Civil Procedure Code (V of 1908), O. VI, R. 17 & O. VII, R.11---Pre­emption suit---Talbs, performance op--Subsequent transfer of suit land by defendant (first vendee) through sale-deed before making of Talb-i-Ishhad and institution of suit by plaintiff---Plaintiff's application for amendment of plaint to implead therein subsequent vendee as party---Defendant's application under O. VII, R. 11, C.P. C., for rejection of plaint---Validity---Plaintiff had performed Talbs in respect of first sale in favour of defendant---Plaintiff could seek right of pre-emption against subsequent vendee after fulfilling mandatory requirements envisaged under S. 13 of North-West Frontier Province Pre-emption Act, 1987 in respect of subsequent sale before institution of suit, which he had not fulfilled---Plaintiff could not claim right of pre-emption against subsequent vendee by availing opportunity to implead hint as party in present suit in garb of requisite Talbs already exercised against defendant---Doctrine of lis pendens would not attract to present suit for same was not pending against defendant at time of subsequent transfer of suit land by him---Defendant did not remain owner of suit land after having sold same before performance of Talb-i-Ishhad by plaintiff in respect of first sale---Impleadment of subsequent vendee in present suit as defendant would not serve purpose---Application under O. VII, R.11, C.P.C., was accepted in circumstances. 2007 SCMR 741 ref. 2004 SCMR 1270 rel. JUDGMENT MUHAMMAD SAFDAR KHAN SIKANDRI, J.---The instant civil revision moved under section 115, C.P.C. by Muhammad Ramzan plaintiff-petitioner is directed against the judgment and decree dated 6-3-2009 passed by learned District Judge, D.I. Khan whereby the appeal filed by the plaintiff-petitioner against the order dated 31-1-2009 passed by Civil Judge-II, D.I. Khan rejecting the plaint of the plaintiff-petitioner under Order VII, Rule 11, C.P.C., was dismissed. 2. The brief facts giving rise to the instant revision petition are to the effect that the plaintiff-petitioner…

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