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

Section: 13

  North-West Frontier Province Pre-emption Act (X of 1987)--- ----S. 13---Pending pre-emption cases instituted prior to the enforcement of Act (X of 1987)---Non-observance of provision of `Talab'---Effect---Pending pre emption cases instituted prior to 28th April, 1987, (the date of enforcement of Act (X of 1987) could not be hit by the non-observance of the provision of `Talab'. PLD1988SC287ref. Government of N: W.F.P. through Secretary, Law Department v. Malik Said kamal Shah P L D 1986 SC 360; Ahmad v. Abdul Aziz P L D 1989 SC 771; `Kundal Khan v. Agha Jan' P L D 1990 Pesh. 21 and Manager, Jammu & Kashmir, State Property in Pakistan v. Khuda Yar and another P L D 1975 SC 678 rel. North-West Frontier Province Pre-emption Act (X of 1987)--- ----S. 13---Civil Procedure Code (V of 1908), S.115---Revision application, filing of---Limitation---No limitation is prescribed by Limitation Act, 1908, nor by any rule in High Court Rules and Orders for filing revision under provisions of S.115, Civil Procedure Code, 19(18---No legal impediment thus exists in the exercise of revisional powers by High Court under S.115, Civil Procedure Code to go into the legality or otherwise of judgments and decrees of lower forums in view of changed circumstances and legal position.---[ Limitation]. North-West Frontier Province Pre-emption Act (X of 1987)--- ----S. 13---Civil Procedure Code (V of 1908), S.115---Limitation Act (IX of 1908), S. 5---Condonation of delay in filing revision---Justification---Plaintiffs suit for pre-emption was based on grounds of co-sharership, participator in amenities and appendages and ownership in contiguous property---Suit was dismissed on account of non-observance of provisions of "Talab" as ordained in the Islamic concept of pre-emption in the light of decision of Supreme Court as reported in P L D 19$8 S C 287---Supreme Court subsequently had reviewed its earlier judgment in Hamad's case reported as P L D 1989 SC 771 holding that Talabs could not be deemed to have been engrafted in the text of pre-emption law prior to the announcement of judgment in Said Kamal Shah's case reported as P L D 1986 SC…