Law: Civil Procedure Code (V of 1908)

Section: O.XXXII,Rr.1,2,4

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

Section: 3,13,14

(a) Civil Procedure Code (V of 1908)--- ----O. XXXII---Terms "next friend" and "guardian for the suit" as used in O.XXXIII, C.P.C.---Scope. Order XXXII speaks of "next friend", when matter is institution of suit on behalf of a minor, and it speaks of "guardian for the suit", when a minor has been sued by someone and he is in the panel of defendants. (b) North-West Frontier Province Pre-emption Act (X of 1987)--- ----Ss.3, 13 & 14---Civil Procedure Code (V of 1908), O. XXXII, Rr.1, 2 & 4---Pre-emption, suit for---Talb-i-Muwathibat; Talb-i-Ishhad and Talb-i-Khusumat---Performance of such Talbs for minor pre-emptor by a person other than his real father, though alive---Validity---Pre-emptor for being minor could not make such Talbs or appoint an agent for such purpose---Such Talbs could be made on behalf of minor pre-emptor by his guardian---Right of pre-emption being a property based right, legal guardian of minor's property could decide to exercise right of pre-emption on behalf of minor---Father, grandfather or other guardian, as indicated in Islamic Law, could best look after minor's interest in exercising his right of pre-emption, but not his next friend as defined in O.XXXII, C.P.C.---Qur'an and Sunnah was competent authority, which appointed and declared father as guardian of minor---Father of minor pre-emptor being still alive would be deemed to be "guardian appointed or declared by competent authority" for purposes of O. XXXII, R.4 (2), C.P.C.---For institution of pre-emption suit, no body could act as "next friend" of minor pre-emptor except his father as guardian under S.14 of the N.-W.F.P Pre-emption Act, 1987---Such Talbs has been performed for minor pre-emptor by a person not his guardian in terms of S.14 of the N.-W.F.P. Pre-emption Act, 1987---Right of pre-emption of minor pre-en4tor stood extinguished---Suit was dismissed in circumstances. Mulla's Mahommedan Law (Pakistan Addition) by Mian Jamil Ahmed, Advocate ref. JUDGMENT SYED YAHYA ZAHID GILLANI, J---This revision petition arises from a pre-emption suit wherein the pre-emptor was non-suited because issues Nos.4 and 5 were decided against him which are reproduced below for ready…

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