Law:

Section:

Punjab Pre-emption Act (I of 1913)--S. 13---Punjab Pre-emption Act (IX of 1991), S. 35---Constitution of Pakistan (1973), Arts. 188 & 185(3)---Supreme Court Rules, 1980 , O. XXVI, R.1--- Review---Suit for pre-emption ---Decree in suit was granted for the first time on 6-1-1987 by Trial Court ---Appellatee Court dismissed suit as having been decreed after the target date viz. 31-7-1986---Plaintiff's application for revival of proceedings in terms of S.35, Punjab Pre-emption Act, 1991 was dismissed by Court below including the High Court---Dismissal of earlier petition for leave to appeal---Review of of Supreme Court---Plaintiff's suit was pending between 1-8-1986 and 28-3-1990 and right of pre-emption was claimed under Punjab Pre-emption Act, 1991---Provision of S. 35, Punjab Pre-emption Act, 1991 was pressed into service and application was made within the period provided for making such application before Appellate Court which had disposed of appeal against plaintiff on merits---Question whether "Talb-i-Ishhad" was made in presence of two truthful witnesses was a matter which required in depth consideration and for that purpose opportunity of hearing was required to be afforded to parties---Order in question dismissing petition for leave to appeal was recalled and leave was granted to consider contentions raised by plaintiff regarding making of "Talb-i-Ishhad". PLD 1986 SC. 360 rel. A.Basit, Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record for Petitioners. Qazi Khalid Iqbal, Advocate Supreme Court for Respondents. Date of hearing: 18th October, 1994. JUDGMENT FAZAL ILAHI KHAN, J. ---In this petition review is sought for against the order dated 22nd November, 1993, passed by this Court in C.P.S.L.A. No.345 of 1993 refusing to grant leave to appeal. 2. Facts of the case briefly stated are that on 19-7-1982 petitioners filed suit for pre-emption in relation to the registered sale-deed attested on 27-7-1981 asserting their superior right of pre-emption on their being co-sharer in Khata and co-sharers in amenities etc. The suit was decreed on 6-12-1987 by Civil Judge, Chakwal on the ground of they being heirs of vendor and co-sharers in the Khata and…

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