Law:

Section:

North-West Frontier Province Pre-emption Act (X of 1987)-------Ss. 31 & 32---Pre-emption suit arising from sale effected through mutation---Limitation---Such suit has to be filed within 120 days from date of attestation of mutation- --Issuance of public notice under S.32 of North-West Frontier Province Pre-emption Act,, 1987 has no nexus with period of limitation prescribed by S.31 thereof---Provision of S.32 of the Act is meant to provide an extra source of knowledge for making Talb-i-Muwathibat and alternate time frame for making Talb-i-Ishhad in accordance with S.13(3) thereof. Dr. Muhammad, Ayub Khan v. Haji Noor Muhammad 2002 SCMR 21.9 and Ghulam Rasool v.. Haroon Khan 1996 CLC 1517 rel. Maulana Nur-ul-Haq v. Ibrahim Khalil 2000 SCMR 1305 fol. Muhammad Alamzeb Khan for Petitioners. ORDER Petitioners/plaintiffs filed Suit No.352/1 on 25-9-2002 against the respondents/defendants in the Court of learned Senior Civil Judge, Peshawar through pre-emption of land mentioned in the heading of the plaint. Permanent injunction restraining the respondents/defendants to transfer the said land was also asked for. It was during the pendency of the said suit that respondents filed an application under Order 7, rule 11, C.P.C. for rejection of plaint being barred by time. The said application was resisted by the petitioners/plaintiffs by filing written reply. The trial Court accepted the application and vide order/decree dated 10-6-2003 rejected the plaint. Petitioners filed Appeal No.38/13 in the Court of learned Additional District Judge-II, Peshawar; but their appeal was also dismissed vide judgment/decree, dated 13-9-2002. Being not contented with the judgments and decrees of the Courts below, the petitioners have filed the revision petition in hand. 2. Mr Muhammad Alarn Zeb Khan. Advocate the learned counsel representing the petitioner argued that the respondents had purchased the suit property vide Mutation No.2647 attested on 30-11-2001. At the time of sale, the petitioners were out of Peshawar, therefore, they did not have the knowledge of the sale transaction. It was, however, on 29-5-2002 that the petitioners purchased some other portion of land vide Mutation…

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