Law:

Section:

(a) Muhammadan Law--- ---- Pre-emption---Pre-emption suit filed during interregnum when no codified law of pre-emption was in force---Suit in question was filed on 23-1-1990 to pre-empt sale made through registered sale-deed dated 25-1-1989 i.e... approximately on 364th day of sale ---Talb-i-Muwathibat way not made in accordance with law---Application for rejection of plaint was dismissed--­Validity---Suit having not been filed within limitation and Talb-i-Muwathibat having not been made as required under Muhammadan Law, plaint was liable to be rejected---Suit filed after four months during interregnum period when no statutory law was in force was not maintainable---Demand of Talb-i­Muwathibat was to be made in the same meeting and sitting without loss of ant, time while according to plaint plaintiffs when learnt about the sale, they did not make Talb-i-Muwathibat there and then but went to the land m question, to claim superior right of pre-emption ---Plaintiffs thus, failed to make Talb-i­Muwat:ubat in accordance with law---Plaint was liable to be rejected; Trial Court had failed to exercise jurisdiction in accordance with law---Plaint was rejected in ciromstances---Civil Procedure Code (V of 1908), O.VII, R.11. Federation of Pakistan and another v. N.-W.F.P. Government and, others PLD 1990 SC 1172; Mst. Kaneez Fatima v. Wali Muhammad and another PLD 1993 SC 901; Messrs Standard Hotels (Private) Ltd. v. Messrs Rio Centre and others 1994 CLC 2413; Muhammad Ashraf v. Muhammad Tahir and ,6 others 1990 MLD 2399; Muhammad Akhtar etc. v. Abdul -Hadi etc. 1981 SCMR 878; Seven Stars Goods Transport Co. (Regd.), Karachi v. The Administrator, Karachi Municipal Corporation, Karachi PLD 1976 Kar. 21; Burmah Eastern Ltd. v. Burmah Eastern Employees' Union and others PLD 1967 Dacca 190; Hedaya by Charles Hamilton, 1982 Edn., p.550; Muhammad Ashraf v. Muhammad Tahir and 6 others 1990 MLD 2399; Monajal Huq v: Shafiullah and others PLD 1964 Dacca 640; Smt. Sundri Bai v. Ghulam Hussain 1982 CLC 2441; War Ali v. Zainul Abidin and another 1992 SCMR 1886; Government of N.-W.F.P. v. Malik Said Kama) Shah PLD 1986 SC 360; Muhammad Ismail Oureshi and another v. Government of…

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