Law:

Section:

Punjab Pre-emption Act (IX of 1991)-------S. 35(2)---Constitution of Pakistan (1973), Art. 185(3)---Right of pre­emption---Non-mentioning of Talb-i-Ishhad in the plaint---Effect---Time ­barred petition for leave to appeal---Courts below declined to revive suit of pre-emptor which was dismissed for non-performance of required Talb---petition for leave to appeal was time-barred by 38 days--Plea raised by pre-emptor for condonation of delay was that the time was lost in obtaining copies of Civil Court record-Validity-High Court rightly refused to revive the suit for the reason that facility of proving Talb-i-Ishhad under S.35(2) of Punjab Pre-emption Act, 1991, was not available due to being a question of fact, having not been alleged in the plaint---Plea raised by pre-emptor for condonation of delay was not tenable as the period which was not computed under law was the one spent in obtaining copies of impugned or order and not for any other copies that the petitioner might require---Delay was not condoned by Supreme Court---Leave to appeal was refused. Kamal Shah's case PLD 1986 SC 360 and Haji Rana Muhammad Shabbir Ahmed Khan's case PLD 1994 SC 1 ref. Pir Muhammad Asif Rafi, Advocate Supreme Court for Petitioner. Nemo for Respondents. Date of hearing: 28th November, 2005. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.---Mst. Atta Elahi seeks leave to appeal against the judgment dated 23-12-2003 of Lahore High Court, Multan Bench whereby her writ petition has been dismissed. 2. The lady had filed a pre-emption Suit No.530 of 1987 against Karim Bukhsh etc. which, on 18-12-1988, was dismissed on the basis of this Court judgment in Kamal Shah's case PLD 1986 SC 360, for not having alleged and performed Talb-i-Muwathebat etc. in a case where no decree was passed before 31-7-1986. Subsequently, on promulgation of Punjab Pre-emption Act, 1991 and under section 35(1) thereof she applied for revival of her suit in order to prove the performance of Talb­i-Ishhad under subsection (2) of section 35 of the Act. Such application was dismissed by the trial Court as well as by the First…

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