Law:

Section:

(a) Punjab Preemption Act (I of 1913)--. S. 15-Omission to implead one of vendees as a defendant in preemption suit-Requirements to be met with for finding whether a transaction of sale sought to be pre-empted was divisible or not. In cases where one of the vendees is omitted from- being impleaded as a defendant in a pre-emption suit in order to see whether a transaction of sale sought to be pre-empted is divisible or not two requirements at least have to be met with, firstly; that there should be specified shares in which the vendees have purchased the land, and, secondly, that there is proof positive of the specific and separate contribution made by each of the vendees towards the sale price. (b) Punjab Pre-emption Act (I of 1913)-- S. 15-Transaction of sale cannot be treated as divisible only if shares of vendees in which they have purchased land are specified in sale deed-Nevertheless, such mention of contribution of sale price by different vendees is one of facts to be taken into consideration to determine as to whether sale is divisibe or not --[Allah Rakha Khan etc. v. Kala Ram etc. 67 1 C 872 and Sheobharos Rai v. Jiach Rai I L R 8 All. 463 not applicable]. Abdullah and 3 others v. Abdul Karim etc. PLD 1968 S C 140; Muhammad Shafi v. Allah Din etc. 153 I C 128; Dhala v. Khanun etc. 160 I C 576 and Ata Muhammad v. Ahmad Bakhsh etc. PLD 1971 Lah. 401 rel. Naunehar Singh v. Deputy Commissioner Unao 47 I C 894 and Ram Nath etc. v. Badri Narain etc, I L R 19 All. 148 not approved being contrary to views of Lahore High Court and Supreme Court. Ude Ram etc. v. Atma Ram etc. A I R 1924 Lah. 431 distinguished. Allah Rakha Khan etc. v. Kala Ram etc. 67 I C 872 and Sheobharos Rai v. Jiach Rai I L R 8 All. 148 not applicable. (c) Civil Procedure Code (V of 1908)-- --O. I, r. 10 read with S. 153 and Punjab Pre-emption Act (I of 1913), S. 15-Pre-emption suit--Parties to suit-Transaction of sale to a number of vendees not found to be divisible-Omission to implead one of vendees as defendant within, prescribed time limit-Protection of S. 153, C. P. C. cannot be given to such case in teeth of specific provision of O. I, r. 10, C. P. C. read with S. 22, Limitation Act…

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