Law:

Section:

North-West Frontier Province Pre-emption Act (XIV of 1950)--S. 6---Constitution of Pakistan (1973), Art. 185---Pre-emption suit--­Remand order---No decree had been passed so far---Plaintiff who had obtained a decree from Trial Court or any higher forum before 31-7-1986, could defend said decree in any forum but if no such decree had been passed by Trial Court or any higher forum before 31-7-1986, no decree for pre­emption, could be passed thereafter by any Court or forum on ground that matter was instituted or pending in Court before 31-7-1986---No decree for pre-emption having been passed in favour of plaintiffs before the target date or even afterwards order of remand passed by First Appellate Court for disposal of case afresh would be of no use or benefit to plaintiff---Order of remand was set aside in circumstances. Government of N.-W.F.P. through Secretary, Law Department v. Malik Said Kamal Shalh PLD 1986 SC 360 and Sardar Ali and others v. Muhammad Ali and others PLD 1988 SC 287 ref. JUDGMENT NASIM HASAN SHAH, J.---This judgment will dispose of the above­noted three appeals as a common question of law is involved in all of them. In all these three appeals the respondent/respondents had brought separate suits for possession through exercise of the right of pre-emption claiming superior pre-emptive rights. All the three suits were dismissed by the learned Civil Judge vide his judgment dated 27-4-1983. However, on appeals filed by the respondents, the learned District Judge vide his separate judgments passed on 25-1-1984 remanded the cases to the trial Court for disposal in accordance with the observations made in the judgment. The appellants herein challenged the said judgments by filing civil revisions in the Peshawar High Court which were heard by a Circuit Bench of the said Court at Abbottabad. The High Court, however, dismissed the said…

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