Law: Civil Procedure Code (V of 1908)

Section: O.VII,r.11

Law: Civil Procedure Code (V of 1908)

Section: O.VII,r.11

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

Section: 32,31

North-West Frontier Province Pre-emption Act (X of 1987)-------Ss. 6, 13, 31 & 32---Civil Procedure Code (V of 1908), O.VII, R.11---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for pre-emption---Rejection of plaint---Defendants, during the proceedings of the suit filed application for rejection of plaint on the ground that suit was filed much after the time prescribed for the purpose---Trial Court dismissed said application, but on filing revision by the defendants against the of the Trial Court, Appellate Court, setting aside of the Trial Court, rejected plaint---Validity---Plaintiff did not mention the time of performance of Talb-i-Muwathibat in her plaint---High Court considered it appropriate not to interfere in the impugned ---If in a plaint, time, date and place of performance of Talb-i-Muwathibat was not indicated, such omission would be fatal for a suit seeking enforcement of right of pre-emption--Said lacuna in the plaint was conceded by the counsel for the plaintiff---Constitutional petition, in circumstances did not merit admission and was dismissed. 2000 SCMR 1305; 2004 SCMR 1941; 2004 CLC 284; 2001 SCMR 1591; 2004 SCMR 535 and PLD 2007 SC 302 ref. Muhammad Siyar for Petitioner. ORDER HAMID FAROOQ DURRANI, J.--- The petitioner is aggrieved of judgment passed by learned Additional District Judge-VIII, Peshawar in Civil Revision No.17 of 2007 whereby the findings of learned trial Court regarding application for -rejection of plaint filed by the respondents, were reversed. The learned revisional Court on acceptance of the revision petition allowed the said application filed under Order VII, rule 11, C.P.C. and was pleased to reject the plaint of petitioner. 2. Factually, a sale transaction regarding shop/cabin situated in Bazar Ramdas Peshawar City was finalized between the respondents and the vendor through deed No.3698 registered on 21-10-2006. Admittedly, the suit for possession through exercise of right of pre-emption was brought thereupon by the petitioner on 28-3-2007. During the proceedings of the suit an application was submitted by the respondents for rejection of plaint on the ground that the suit was filed…

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