Law:

Section:

(a) North-West Frontier Province Pre-emption Act (X of 1987)-------S. 13---Civil Procedure Code (V of 1908), O. VII, R.11---Suit for pre-emption--- Denial of sale---Plaint, rejection of---Prior to filing of written statement, vendor filed application under O.VII, R.11, C.P.C. wherein he denied any sale transaction of the suit property---Trial Court as well as the Appellate Court dismissed the application concurrently ---Validity--­Denial of transaction by the vendor had made the sale a, question of dispute and being a question of fact, the same had to be proved by the party on .whom 'lay the burden---Material question of fact going to the root of the case could not be taken for granted on mere application under O.VII, R.11, C.P.C.---In order to resolve a question of fact some evidence was required to be adduced by the parties, the provisions of O.VII, R.11, C.P.C. could not be brought into play---High Court declined to interfere with the orders passed by,.the Courts below--­Revision was dismissed in limine. (b) Civil Procedure Code (V of 1908)--- ----O. VI, R.1 & O. VII, R.11---Application under O. VII, R.11, C.P.C. is not pleading. ORDER SARDAR MUHAMMAD RAZA, C. J.--- Mufti Ibrar Ahmed Khan brought a suit against Hidayat Khan for possession through pr­emption of property measuring 5 Kanals. After receiving notice and before filing written statement the defendant Hidayat Khan submitted an application under Order 7, rule 11, C.P.C., claiming therein that no sale transaction, at all, had taken…

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