Law: Civil Procedure Code (V of 1908)

Section: 0.VII,R.11(d)

Law: Registration Act, 1908

Section: 47

Law: North West Frontier Province Preemption Act, (X of 1987)

Section: 32,31

(a) Civil Procedure Code (V of 1908)--- ----0. VII, R. 11(d)---Rejection of plaint---Plaint can be rejected under O. VII, R. 11(d), C.P.C. if the suit is time-barred---Expression "barred by any law" occurring in O. VII; R. 11(d) includes the law 4 limitation. Mumtaz Khan v. Nawab Khan and 5 others 2000 SCMR 53 and Hakim Muhammad Buta and another v. Habib Ahmed and others PLD 1985 SC 153 ref. (b) North-West Frontier Province Pre-emption Act (X of 1987)----Ss. 31 & 32---Pre-emption suit arising from a registered sale deed--­Limitation---Computation---Provision with regard to issuance of public notice by the Registrar contained in S.32 of the N.-W.F.P. Pre-emption Act, 1987 has no nexus with the period of limitation prescribed by S.31 of the said Act for filing a pre-emption suit---Contention that if the Registrar fails to issue public notice envisaged by the provisions of S.32 of the Act the period of limitation was to be computed from the date of knowledge by the pre-emptor was misconceived. The explicit and mandatory provisions of section 31 of N.W.F.P. Pre-emption Act, 1987 leave no room for doubt that in case of a sale effected through a registered sale deed the period of one hundred and twenty days shall be computed from the date of registration of the sale deed. The contention that if the Registrar fails to issue public notice envisaged by the mandatory provisions of section 32 of the Act the period of limitation is to be computed from the date of knowledge by the pre-emptor is misconceived. Such a provision is neither contained in section 31 of the Act nor can be read into it in view of settled law that Court cannot supply "casus omissus". A comparative study of sections 31 and 32 of the Act would make it manifest that the provision with regard to issuance of public notice by the Registrar contained in section 32 has no nexus with the period of limitation prescribed by section 31 for filing a pre-emption suit in respect of a sale transaction effected through a registered sale deed and is meant to provide an extra source of knowledge for making "Talb-i-Mowathibat" and an alternative time frame for making "Talb-i-Ishhad" in accordance with subsection (3)…

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