| Citation(s) |
|---|
| 1997 SLG 409 1997 SLD 409 1997 PLD 366 |
Supreme Court of Pakistan
Civil Appeals Nos. 154 and 155 of 1994, decision dated: 18-03-1997.(On appeal from the judgment dated 31-10-1992 of the Lahore High Court passed in C.R.Nos. 1126 and 1127 of 1992).
RAJA AFRASIAB KHAN AND MUNAWAR AHMAD MIRZA, JJ
M. Anwar Sipra, Advocate Supreme Court with Mahmood A. Qureshi, Advocate-on-Record for Appellant. Talib H. Rizvi, Advocate Supreme Court with S. All Imam Naqvi, Advocate-on-Record.
Civil Appeals Nos. 154 and 155 of 1994, decision dated: 18-03-1997.(On appeal from the judgment dated 31-10-1992 of the Lahore High Court passed in C.R.Nos. 1126 and 1127 of 1992).
RAJA AFRASIAB KHAN AND MUNAWAR AHMAD MIRZA, JJ
M. Anwar Sipra, Advocate Supreme Court with Mahmood A. Qureshi, Advocate-on-Record for Appellant. Talib H. Rizvi, Advocate Supreme Court with S. All Imam Naqvi, Advocate-on-Record.
ABDUL WARIS
VS
MUHAMMAD YOUSAF
Law:
Section:
(a) Punjab Pre-emption Act (IX of 1991)-------Ss. 34 f: 35---Constitution of Pakistan (1973), Art. 185(3)---Respondent (plaintiff) filed two suits for pre-emption against the appellant---Appellant (defendant) moving applications under O.VII, R.11, C.P.C. for rejection of plaints for want of cause of action in view of provisions of Ss.34 & 35, Preemption Act, 1991, which were accepted by Trial Court and confirmed in appeal---High Court in revision reversed the order of rejection of plaints and remanded the two cases for disposal on merits---Leave to appeal was granted to consider the validity of High Court order since cases were not found to be fully covered by S04 & 35 of the Punjab Pre-emption Act, 1991 and the facts of Muhammad Sharif v. Muhammad Sharif (1992 SCMR 1129) were distinguishable ---Pre-emtpion suits were filed within the dates specified in S.35 of the Pre-emption Act but no order of dismissal etc. was passed nor was it a case of decision afresh. Muhammad Sharif v. Muhammad Sharif 1992 SCMR 1129 ref. (b) Punjab Pre-emption Act (I of 1913)--- ----S. 15---Punjab Pre-emption Act (IX of 19911; Ss,34 & 35---Pre-emptiul: suit---Provisions of Punjab Pre-emption Act, 1913 were declared to be unIslamic by Supreme Court in Said al Shah's case PLD 1986 SC 360 and that decision was to become effective from 1st August 1986---Government failed to enact new law of pre-emption till March, 1990---Effect---During crucial period from 1st August, 1986 to 28th March, 1990, it could not be conceived that aggrieved persons were completely deprived from asserting right of preemption ---Proceedings relating to pre-emption suits pending during 1st August, 1986 to 26th March, 1991, could not be left in an inchoate state---Interpretation must be favouring to evolve procedure for final determination of controversy between parties to attain finality---Assumption that when suit was pending and undecided, same would not be maintainable but if matter had been decided during specified period "lis" could be revived, was self-contradictory and would negate established principle showing that where right existed, remedy was provided by law. (c) Punjab Pre-emption Act (IX…
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