Law: Punjab Pre-emption Act, 1913

Section: 21

Law: Limitation Act, 1908

Section: 14

Law: Civil Procedure Code (V of 1908)

Section: 21

Punjab Pre-emption Act (I of 1913)--   --S.21--Limitation Act (IX of 1908), S.14--Civil Procedure Code (V of 1908), S.21--Pre-emption suit--Limitation--Suit filed within time before Civil Court--One of the grounds for pre-emption being tenancy, suit was transferred to the Revenue Court where it remained pending for some time--Revenue Court, ultimately found that it was not such a case which could be tried by it and it was again sent back to the Civil Court which decided it--Contention that time spent before wrong Court after the transfer by Civil Court, could not be excluded from period of limitation--Held, suit had been filed before the expiry of the period of limitation in the Civil Court which ultimately decided it--When for a temporary period a defect was discovered regarding filing of suit before Civil Court, same got cured by return of the suit to the Civil Court subsequently-- Presentation of the plaint in the Civil Court could not be said to be improper, notwithstanding any technical defect--Provisions of S.14, Limitation Act, 1908 as also S.21, C.P.C., could also be pressed in service in support of the .   Muhammad Ismail v. Member, Board of Revenue, Punjab, Lahore 1985 SCMR 112 ref. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the vendees side in a pre-emption matter against the dismissal of their Regular Second Appeal by the High Court. The only point pressed by the learned counsel is that the suit of the respondents side was time-barred. Therefore, it should have been dismissed accordingly. The respondents suit was duly filed within time before the Civil Court. As one of the grounds for pre-emption was…

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