Law: Civil Procedure Code (V of 1908)

Section: 17

  Punjab Pre-emption Act (IX of 1991)--- ----Ss. 35, 13, 30 & 6---Revival of pre-emption suit on terms of S.35, Punjab Pre-emption Act, 1991, for trial on merits---Pre-emption suit was dismissed by Trial Court on 28-7-1990, in view of judgment of Supreme Court reported as PLD 1990 SC 865---Essentials for revival of pre-emption suit---Where right of pre-emption was claimed in previously dismissed pre-emption suit on the ground as available under the new Ad (IX of 1991), dismissal of suit would be of no legal effect and said suit on application of aggrieved person filed within sixty days of the commencement of the Act, subject to subsection (2) of S.35, could be revived for decision afresh in accordance with the provisions of the new Act---Sections 13 & 30 of the Act IX of 1991, were subordinated to S.35(2) of the Act---Plaint in pre-emption suit contained reference to performance of Talb-i-Muwathi!4t and Talb-i-Ishhad---Provisions of S.35(2), Punjab Pre-emption Act 1991, however, did not dispense with the mandatory requirement of pleading "Zaroorat" or avoidance of "Zarar" for exercising right of pre-emption ---Neither "Zaroorat" nor avoidance of "Zarar" which were necessary for exercise of right of pre-emption under the Act (IX of 1991) having been pleaded in the plaint of pre-emption suit, same could not be resurrected for decision afresh. Plain reading of section 35, Punjab Pre-emption Act, 1991 revealed that if the right of pre-emption was claimed in the previously dismissed pre emption suit as is available under the Act of 1991 the dismissal of the suit would be of no legal effect and the suit on an application of the aggrieved person filed within sixty days of the commencement of the Act, subject to subsection (2) could be revived for decision afresh in accordance with the provisions of the new Act. Sections 13 and 30 of the new Act were subordinated to subsection (2) of section 35 of the Act. Section 13 dealt with the demand  of  pre-emption,  the  mode,  and  manner  of  exercise  of  three Talbs--Talb-i-Muwathibat, Talb-i-Ishhad, and Talb-i-Khusumat.…