Law:

Section:

(a) North-West Frontier Province Pre-emption Act (X of 1987)--S. 35---Constitution of Pakistan (1973), Art. 185(3)---Decree was passed in 1984---Leave to appeal was granted to consider the contentions that the decree having been passed in 1984 and having not attained finality, suit should have been decided under the provision of N.-W.F.P. Pre-emption Act, 1987 and that High Court had not correctly interpreted S.35 of the N.-W. F. P. Pre-emption Act, 1987. (b) North-West Frontier Province Pre-emption Act (X of 1987)--- ----S.35---Expression " s and decrees passed by the Courts have become final" in S.35(2), N.-W.F.P. Pre-emption Act, 1987---Meaning--­Decree passed by Trial Court on 24-4-1984 which was, subsequently, reversed by the Appellate Court on remand of the case, could still be termed as final---Principles---Provision of S.35, N.-W.F.P. Pre-emption Act, 1987 would cover the case where had been passed by the Trial Court and, as such all the subsequent proceedings in the case would be regulated by the N.-W.F.P. Pre-emption Act, 1950. The words " s and decrees' passed by the Courts have become final" in subsection (2) of section 35 of the N.-W.F.P. Pre-emption Act, 1987 mean "those s and decrees by the Courts rendering it. The decree of the trial Court passed on 24-4-1984 in the case can be termed as "final" for the purpose of section 35(2) of the N.-W.F.P. Pre-emption Act, 1987 irrespective of the fact that it was subsequently set aside by the higher Courts. Therefore, section 35(2) of the Pre­emption Act, 1987 would cover the case and as such all the subsequent proceedings in the case would be regulated by N.-W.F.P. Pre-emption Act, 1950. 1988 SCMR 1800; 1989 SCMR 276; PLD 1989 SC 771; Sardar Ali v. Muhammad Ali PLD 1988 SC 287; Rozi Khan and others v. Syed Karim Shah and others 1992 SCMR 445 and Bibi Jan v.R.A. Monny PLD 1961 SC 69 ref. Bashir Ahmad Ansari, Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate-on-Record for Appellants. Abdul Aziz Kundi, Advocate-on-Record for Respondents. Date of hearing: 17th March, 1998. JUDGMENT ABDUR REHMAN KHAN, J.---This appeal with leave of the Court impugns the legality of the judgment passed on 24-5-1993 by a…

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