Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)-- ----S. 30---Limitation for filing suit for pre-emption in terms of S.30, Punjab Pre-emption Act, 1913---Sale was effected through registered sale-deed on 17-6-1979---Suit filed on 17-6-1980, whether within limitation of one year prescribed for filing such suit---Period of limitation would start with effect from the next day, from the date on which sale-deed was registered---Sale-deed having been registered on 17-6-1979, limitation would start running from the next day viz 18-6-1979 and period of one year would expire on the expiry of the last minute of 17-6-1980---Suit in question, filed during Court hours on 17-6-1980 was within time. Muhammad Yousaf and 3 others v. Zafarullah and another 1992 SCMR 117; Halsbury's Laws of England, 4th Edn. Vol, 55, para. 1127; (1972) 2 All ER 385 and Roberts and another v. Maclaren and others (1968) 1 All ER 999 ref. (b) Civil Procedure Code (V of 1908)--- ----OXXXII, R.3---Suit in question, was filed against minors within limitation---Guardian of such minor having been appointed after expiry of period of limitation would have no relevancy to determine question of limitation---Court had the duty to appoint a guardian of minor defendants--­Where Court had failed to discharge its duty and to appoint a guardian of minors, plaintiffs could not suffer due to the act of Court which included omission to pass order of appointment of guardian---On the appointment of guardian, suit stood validated with effect from the date on which same was filed---Suit was, thus, not barred by time in circumstances. (c) Act of Court-- ---- No party could suffer due to the act of Court which also included omission of Court. JUDGMENT Facts of the case out of which this civil revision has arisen are that Muhammad Hussain and two others, purchased land measuring 52 Kanals situated in the village Widhowala, Tehsil Shahpur vide a registered sale-deed dated 17-6-1979. The respondents Nos.1 and 2 filed a suit to pre-empt the aforementioned sale on 17-6-1980 on the basis of their qualification of being owners in the estate. Initially minor vendees were sued without appointing a guardian who was subsequently appointed…

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