Law: Punjab Pre-emption Act (I of 1913)

Section: 15 , 2

  Punjab Pre-emption Act (I of 1913)- ---- S.15---Civil Procedure Code (V of 1908), S.2(2) --- Ex parte decree in favour of pre-emptor passed before 31-7-1986 --- Effect --- No difference between a decree passed on contest and decree passed ex parte; both being decrees as defined in S.2(2), Civil Procedure Code, 1908, rule in Sardar Ali's case PLD 1988 SC 287, placing a prohibition for making of fresh decree in the pre emption suit on or after 31-7-1986, was inapplicable --- Pre-emption suit having been decreed ex parte on 2-12-1984; there was no. bar for trial of such suit on merits and passing of a decree in it in accordance with law. 1992 SCMR 445; 1992 SCMR 1328 and 1992 SCMR 2117 rel. Sajjad Hussain and 4 others v. Mehrban and 5 others 1989, CLC 1727 and 1991 MLD 2282 ref. Sh. Hamid Mukhtar for Petitioner. Ch. Muhammad Ishaq Khokhar for Respondent Date of hearing: 25th September, 1993. JUDGMENT This civil revision was by the Plaintiff in a pre-emption suit. Suit was decreed in his favour on 12-2-1992. In appeal by the defendant to the suit, decree passed by the trial Court was upset on the sole ground that an ex parte decree earlier passed in the pre-emption suit on 2-12-1984 shall not avail for making of a fresh decree in the pre-emption suit on or after A-7-1986, the target date fixed in the case of Sardar Ali. Brief facts of the case are: Sona owned I Kanal, 3 Marlas of land at Mauza Dullewala of Tehsil Kallurkot in District Bhakkar. By Mutation No.353 sanctioned on 26-11-1981, he sold above piece of land to Muhammad Shaft respondent. Plaintiff as son of the vendor claimed pre-emption in respect of the above sale. He asserted that the   land was sold for Rs.1,M only and the same was its market value. Pre-emption suit was instituted on 25-11-1982, in the Civil Court at Bhakkar. Since the defendant did not appear, he was proceeded against ex parte. On the strength of ex parte proof, the trial Court decreed the suit ex parte in favour of the pre-emptor on 2-12-1984 subject to payment of Rs. 1,150 payable to the respondent by a specified date. On 31-3-1,986, respondent applied for setting aside of the ex parte decree against him. On…