Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.17,O.XLI,R.22,S.115

Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.17,O.XLI,R.22,S.115

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

Section: 4,21

(a) North-West Frontier Province Pre-emption Act (X of 1987)-------Ss. 6, 13 & 15---Suit for pre-emption---Making of Talbs---Trial Court dismissed suit under the issues of estoppel and waiver of right of pre­emption---Appellate Court decreed the suit---Defendant/vendee argued the case on two grounds, namely that in original plaint, date and place of information and making of Talb-i-Muwathibat was not disclosed, secondly that plaintiff having waived his right of pre-emption, was estopped by conduct to file the pre-emption suit against defendant---Validity---Pre-emptor no doubt was bound to mention the date and time of making Talb-i-Muwathibat in the plaint as therefrom the period prescribed for Talb-i-Ishhad had to be counted---Non-mentioning of such facts in the plaint was considered fatal to the exercise of right of pre­emption---Date and time of making Talb-i-Muwathibat was the basic foundation or first step upon which structure of pre-emption suit was to be built up---In the present case the facts were a little bit distinguishable---Omission of mentioning date, time and place of making Talb-i-Muwathibat in the plaint was rectified on acceptance of application for amendment in the plaint by the Trial Court on payment of cost which order was never challenged before the next higher forum, so much so that the cost imposed on the pre-emptor for submission of amended plaint was received by the defendant/vendee---By his conduct the defendant was prevented by legal rule to re-agitate the same issue before. High Court in revision---Plaintiff, therefore, had managed to achieve a complete cure to the problems of non-mentioning of date and time in plaint by filing amended plaint under the permission and order of the Trial Court. 2008 SCMR 404; 2007 SCMR 1086, 515, 302; 1971 SCMR 185; 2003 MLD 1983 and PLD 1973 SC 295 ref. (b) North-West Frontier Province Pre-emption Act (X of 1987)--- ----Ss. 6, 13 & 15---Suit for pre-emption---Waiver of right of pre­emption---`Waiver' would mean to surrender claim or to give something voluntarily---No confidence inspiring evidence existed in the case to believe that the plaintiff had voluntarily surrendered, 'specially right of…

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