Law:

Section: `13 , 35 , 115

  Interpretation of statutes--- ---- Statute relating to pre-emption would require strict interpretation according to the meanings and procedure of the enactment. North-West Frontier Province Pre-emption Act (XIV of 1950)--- ----Preamble---North-West Frontier Province Pre-emption Act (X of 1987), S.13---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for pre-emption-- Mandatory procedure before institution of suit---Failure to follow mandatory procedure---Effect---Suits instituted under North-West Frontier Province Pre emption Act 1950, did not require any mandatory procedure before institution of suit---Repealing enactment viz. North-West Frontier Province Pre-emption Act, 1987, however, had prescribed mandatory procedure before instituting suit for exercise of right of pre-emption i.e. "Talbs" as prescribed under S.13 of the Act---Any suit instituted without "Talbs" could -not proceed and plaint would be liable to rejection under O.VII, R.11, Civil Procedure Code, 1908. North-West Frontier Province Pre-emption Act (XIV of 1950)--- ----Preamble---North-West Frontier Province Pre-emption Act (X of 1987), S.35---Civil Procedure Code (V of 1908), OXXIII, R.3 & S.115---Suit for pre emption decreed for the first time on 6-2-1988 on basis of compromise---Such suit had been filed under provisions of North-West Frontier Province Pre-emption Act, 1950 (without prescribed procedure of "Talbs" as it was then not necessary requirement)---Judgment and decree passed after the target date 31-7-1986, without mandatory requirement of "Talbs" was void and nullity in law and Court passing such decree lacked jurisdiction in the matter---Plaintiff's suit having been dismissed by Trial Court as also his appeal by First Appellate Court on 28-9-1986, there was no judgment and decree of Appellate Court (target date of 31-7-1986 having expired) against which revision could have been filed---Decree and judgment passed in revision on basis of compromise on 6-2-1988, could neither be deemed a decree under North-West Frontier Province Pre-emption Act, 1950 nor a decree under North-West Frontier Province Pre-emption Act, 1987 (for…