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

Section: 13 , 31 , 24

North-West Frontier Province Pre-emption Act (X of 1987)--- ----Ss. 13, 31 & 24---Civil Procedure Code (V of 1908), S. 115 & O. VII, R.11---Pre-emption suit---Earlier suit for pre-emption was dismissed for plaintiff's failure to deposit pre-emption amount before specified date-- Subsequent suit for pre-emption on same grounds, in respect of same land and between the same parties---Plaint was rejected under O.VII, R.11(d), C.P.C. and plaintiff was non-suited---Plaintiff's appeal against rejection of his plaint was dismissed---Validity---Plaintiff would make Talb-i-Khasumat i.e. enforcement of right of pre-emption, only once and in absence of any definite/specific provision allowing second Talb-i-Khasumat (even if limitation prescribed under S.31 of the Act permitted) such right could not be imported into it---Failure to deposit 1/3rd amount in cash and l/3rd as Bank guarantee would entail dismissal of suit and has the effect of barring fresh suit---Dismissal of suit under S.24 of the Act finally determined rights of parties albeit, subject of course to decision in appeal or revision---Courts below having rightly rejected plaint of pre-emption suit, no interference was warranted in revisional jurisdiction of High Court, in circumstances. Haji Janat Gul Khan v. Haji Faqir Muhammad and 4 others PLD 1993 SC 204 rel. Rustam Khan Kundi for the Petitioner. ORDER The petitioner/plaintiff had instituted a suit for the possession of land through pre-emption in the first instance, on 28-7-1994, in the Court of Civil Judge-I, D.I. Khan. The trial Court directed the petitioner/plaintiff to deposit the pre-emption amount before 8-9-1994. Since the petitioner/plaintiff failed to deposit the pre-emption amount, therefore, his Suit (No.453/1 of 1994 (Ghulam Shabbir. v. Muhammad Khan etc.) was dismissed by the Civil Judge-I, D.I. Khan on 8-9-1994. The petitioner/plaintiff instituted another suit, on the same ground, which was contested by the respondents/defendants on various grounds legal as well as factual. This time the Senior Civil Judge, Tank Camp at D.I. Khan vide his order dated 20-7-1995 rejected the plaint under Order 7, Rule 11 (d) of the C.P.C. and as…