Law:

Section:

North-West Frontier Province Pre-emption Act (X of 1987)--Ss. 13 & 31---Civil Procedure Code (V of 1908), O.VII, R. 11--­Constitution of Pakistan (1973), Art. 185(3)---Rejection of plaint on ground of limitation by all the Courts below---Validity ---Normally question pertaining to rejection of plaint should be dealt with at initial stage, however, plaintiff had consciously omitted to provide any details about cause of delay in approaching Court or actual date of his knowledge about delivery of possession of land in question to contesting defendants---Plaintiff was bound to specifically assert date when he became aware of alienation of such property or delivery of possession---Forums below had rejected plaint mainly on considering plain averments and details mentioned in plaint---No material defect, impropriety, or illegality in impugned s was found or pointed out---Leave to appeal to Supreme Court was refused in circumstances. Ghulam Ali v. Asmatullah 1990 SCMR 1630 ref. M. Bilal, Senior Advocate Supreme Court instructed by Ejaz Muhammad Khan, Advocate-on-Record (absent) for Petitioner. Adam Khan, Advocate Supreme Court instructed by Mian Muhammad Ismail Qureshi, Advocate-on-Record (absent) for Respondents. Date of hearing: 8th January, 1998. JUDGMENT MUNAWAR AHMAD MIRZA, J.---This petition for leave to appeal is directed against the judgment dated 9-4-1996 passed by Peshawar High Court Dera Ismail Khan Bench. 2. Relevant facts giving rise to present petition are, that on 6-5-1993 petitioner filed suit before Civil Judge, Lakki Marwat, seeking possession through pre-emption concerning a plot alongwith house, measuring about three Kanals comprising of Khasra Nos.6367/6276/3501 Mauza Khuda-e-Dad Khel. Respondents contested the claim and filed written statement. However, before effective proceedings were drawn that towards 6-6-1993 respondents submitted an application seeking rejection of the plaint. After hearing the parties, trial Court rejected the plaint and directed dismissal of suit by means of judgment/decree dated 8-2-1994. Appeal filed against the above decree was also dismissed by the Additional District Judge vide judgment/decree dated 14-9-1994.…

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