Law: Civil Procedure Code (V of 1908)

Section: 114 , 1

  Punjab  Pre-emption  Ordinance  (XXVIII  of 1990)--- ----S. 36---Right of pre-emption ---Provisions of Ordinance ---Retrospectivity-- Extent---Any suit which was instituted after 31-7-1986 and was still pending or had been dismissed was to be decided in accordance with the provisions of the Ordinance, if in such suit right of pre-emption was claimed on any of the grounds as available under provisions of Ordinance XXVIII of 1990---Legal effect of the provision of S.36, Punjab Pre-emption Ordinance, 1990 stated.- [Interpretation of statute]. The legal effect of provision of section 36 of the Punjab Pre-emption Ordinance, 1990 was that the right of pre-emption on the grounds recognised by Injunctions of Islam was deemed to have been conferred in respect of sale made after 31-7-1986 and if in any suit filed after the said date the right of pre emption qua the sale made after 31-7-1986 was claimed on any of the grounds available under the Ordinance the same was to be decided in accordance with the provisions of the Ordinance, meaning thereby that the right of pre-emption would be deemed to have been conferred from the date of such sale. This being so, it cannot be argued that in such a suit which was covered by section 36 of the Ordinance, the plaintiff   could be held to have no right of pre-emption on the date of sale made before the promulgation of the said Ordinance. The provisions of the said Ordinance to this extent were given retrospective effect. Government of N.-W.F.P. v. Malik Said Kamal Shah P L D 1986 SC 360 rel. Punjab Pre-emption Ordinance (XXVIII or 1990)--- ----S. 36---Suit for pre-emption ---Consent decree granted by Court ---Validity-- Where right of pre-emption was claimed on those grounds which were available under Ordinance XXVIII of 1990, suit for pre-emption would be covered by S.36, Punjab Pre-emption Ordinance, 1990, and consent decree passed in such suit by Trial Court would not suffer from any illegality or jurisdictional defect. Punjab Pre-emption Ordinance (XXVIII or 1990)--- ----S. 36---Civil Procedure Code (V of 1908), S.114 & O.XLVIII,…