Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 2(2)---Decree---Definition and scope---Definition of decree as given in S.2(2), C.P.C. would not exclude an ex parte decree nor it would indicate that the decree against minor or decree which was ab initio void would not be a decree. Sardar Ali and others v. Muhammad Ali and others PLD .1988 SC 287 ref. (b) North-West Frontier Province Pre-emption Act (XIV of 1950)--- ----S. 12---North-West Frontier Province Pre-emption Act (X of 1987), Ss. 13 & 35---Civil Procedure Code (V of 1908), Ss.2(2) & 12(2)---Suit for .pre-emption---Finality of and decree---Law applicable--­Where the rights of the parties had been judicially determined with reference to the terms of a law in force at the time of adjudication, the finality of such a would not be affected merely because the law on the basis of which that decision was based had been subsequently altered unless a provision was expressly made in the changed or modified law destroying the finality of said ---Ex parte decree in suit for pre-emption having been passed prior to target date i.e. 31-7-1986, as laid down by the Supreme Court; law applicable to the case of plaintiff would be North-West Frontier Province Pre-emption Act, 1950--­Section 35 of North-West Frontier Province Pre-emption Act, 1987 would not qualify nature of the decree/ which was already in existence---Such decree which was granted by Court of competent jurisdiction, be it an ex parte decree or any other decree, would fall within the definition of decree as given in S.2(2), C.P.C. and its validity or voidness could be--challenged before a higher Court and it would become void after the higher Court would so declare, but before such declaration such decree would remain effective---Object of S.35 of N.-W.F.P. Pre-emption Act, 1987 was to remove doubts and ambiguities as regards pending proceedings and proceedings which had attained finality---Section 35 of the said Act had been enacted to protect the rights already acquired by the parties. (c) Interpretation of statutes--- ---- Legislature was always deemed to possess all wisdom and knowledge and when any bill was passed and enacted, it would be presumed…

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