Law:

Section:

(a) North-West Frontier Province Pre-emption Act (IV of 1987)-------Ss. 6 & 13---Suit for pre-emption ---Partial pre-emption ---Proof---Suit would be partial if pre-emptor would not include the whole property mentioned in sale mutation in the plaint---Plaintiff had pre-empted the entire land mentioned in suit mutation---No doubt it was true that in notice `Talb-i-Ishhad' only one of Khatas in suit had been mentioned and other Khata did not find place therein, but that was a matter which could only be determined through evidence. Haji Fateh Muhammad and another v. Sheikh Ghulam Sarwar and another PLD 1961 BJ 62; Muhammad Hayat and others v. Rasool Bakhsh and others 2001 MILD 1648; Mst. Bashiran and others v. Abdul Ghani and others 1995 SCMR 1833; Egypt Air v. Sarfraz Ahmad Tarar 2003 CLC 1425 and Miskeen v. Additional District Judge, Mansehra and 32 others 2003 SCMR 121 ref. (b) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Rejection of plaint---Principles---Plaint could be rejected only if it did not disclose cause of action or same was barred by any law---In order to invoke applicability of cl.(a) of O.VII, R.11, C.P.C. Court would look into the contents of plaint only and would examine the plaint on its face value---If the plaint by itself indicated any infirmity enumerated in cls.(a)(b) of O.VII, R.11, C.P.C., then the Court would order the rejection of plaint as the fruitless litigation required to be buried at its inception to avoid wastage of time of the Courts and unnecessary harassment to opposite party. Haji Allah Bakhsh v. Abdul Rehman and others 1995 SCMR 459 ref. Rustam Khan Kundi for Petitioner. Gohar Zaman Khan Kundi for Respondent. Date of hearing: 17th March, 2004. JUDGMENT This judgment shall be read in Civil Revision No. 134 of 2002 as the aforesaid civil revision proceeds on common ground involving common controversy in Civil Revision No. 135 of 2002. 2. Shortly narrated the facts leading to the filing of instant civil revision are that by virtue of Sale. Mutation No. 197 attested on 29-6-1999, suit-land bearing Khata Nos.583 and 589 situated in the area of Mouza Pai. Tehsil and District Tank, owned by Muhammad Naseer was…

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