Law:

Section:

(a) Supreme Court Roles, 1956-O. XLIX, r. 6-Addition of grounds-Ground neither urged in any of Courts below, nor pleaded in written statement, nor in petition for leave to appeal -but urged in miscellaneous application under O. XLIX, r. 6 of Supreme Court Rules, 1956 with prayer to allow same to be added in main petition so as to be considered at time of arguments-Counsel, without seeking orders whether ground stated for acceptance of application was to be allowed or not straightway starting arguments assuming as if merely filing of an application to add additional ground amounted to grant of permission to urge same-­Counsel, held, ought not have been so presumptuous. (b) Punjab Pre-emption Act (I of 1913)- S. 15 [as amended by Punjab Pre-emption (Amendment) Act (XI of 1955]-Pre-emption, right of-Proposition that if nearer heir does not sue still his remedy being in existence counts as a bar to suit of remote or remoter heirs-Not laid down in any judicial case-Nearer heirs may have their own reasons not to exercise right of pre-emption--­Order of succession-To be examined only in competition with vendee or rival suitor actually filing suit and not in abstract-Pre-emption being a statutory right enforcement of which calls for filing of a suit, it could not be said that even if such suit not filed still his right has to be maintained or given effect to in his absence, without his assertion or desire, not by passing a decree in his favour but by precluding suit of others exercising that right and filing a suit for its enforcements.­[Pre-emption]. Muhammad Ali Khan v. Mi. Zewar Nisa and another A I R 1942 Pesh. 22; Ghulam Ali v. Qutab Din A I R 1936 Lab. 477 ; Allah Din and another v. Prabh Dayal and others A I 1938 Lah 646; Mst. Murad Bibi v. Abdul Razaq P L D 1973 Note 28 at p. 37; Muhammad Hayat and others v. Ghulam Muriaza P L D 19$9 Lah. 53 ; Habib Gul v. Shohdad Khan and others 173 1 C 594 ; Muhammad Bakhsh v. Hassan Bakhsh and others 7 P R 1912 ; Sabz Ali Khan v. Khair Muhammad Khan I L R 3 Lah. 48 and Jang Bahadar Khan v. Karam Khan and others (1908) 21 P R 132 ref. (c) Punjab Pre-emption Act (I of 1913)- -- S. 17 (b) read with Ss. 13 & 15-Pre-emption,…

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