Law:

Section:

North-West Frontier Province Pre-emption Act (X of 1987)-------S. 31 [as amended by North-West Frontier Province Pre-emption (Amendment) Act (X of 1992)]---Civil Procedure Code (V of 1908), O.VII, R.11 & S. 115---Bar of limitation---Rejection of plaint---Substitution of one year by 120 days as limitation time for filing of pre-emption suit ---Effect--­ Provision of S. 31 (as amended) would be applicable from the date of its commencement viz. 31-12-1991, to exercise right of pre-emption by instituting suit within 120 days of sale whether effected before or after commencing date viz. 31-12-1991---All suits filed beyond prescribed period of limitation of 120 days would be deemed to be time-barred---Plaintiff having filed suit for pre­emption beyond period of four months after sale, his- suit was hit by bar of limitation and plaint therein was liable to be rejected. Noor Khan v. Mumtaz Khan and others 1994 CLC 1730 rel. JUDGMENT The only question which has been agitated before me is that the suit of the respondent/plaintiff having been instituted on 19-2-1988 was barred by time because the mutation in question bearing No. 7728 was attested on 14-9-1987, that the respondent/plaintiff had made "Talb-i-Muwathibat" on 21-9-1987 as stated by Ghulam Muhammad (P.W. 3), the attorney of the plaintiff (respondent) as well as Iqbal s/o Abdul Rehman (P.W. 5), that there­after notice of "Talb-i-Ishhad" (Exh. P.W. 3/7) was sent to the petitioners (defendants) which they hard received vide. Acknowledgement Due Exh.P.W.3/3 (defendant Ghulam Nabi), Exh. P.W. 3/4 (defendant Ghulam Akbar), Exh. P.W. 4/5 (defendant Fazal-e-Khaliq) and Exh. P.W. 4/6 (defendant Muhammad Hanif), that the respondent (pre-emptor) was accordingly bound to institute the present suit within 120 days from the date of attestation of the mutation as prescribed under section 31 of the Pre-emption Act X of 1987 (As amended by N.-W.F.P. Pre-emption Act X of 1992). The learned counsel submitted that the present suit should have been filed on or before 14-1-1988 i.e., 120 days from the date of attestation of mutation or, at best, on 22-1-1988 i.e., 120 days from the date of "Talb-i-Muwathibat" / "Talb-i­Ishhad".…

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