Law:

Section:

North-West Frontier Province Pre-emption Act (X of 1987)----S. 20---Constitution of Pakistan (1973), Art. 188---Supreme Court Rules, 1980, OXXVI, R.1---Civil Procedure Code (V of 1908), O.XLVII, R.1---Review of Supreme Court ---Decree in pre- emption suit---Review of reported as 2003 SCMR 1501---Plea of vendee having equal right of pre-emption with pre-emptor ---Supreme Court in under review observed that vendee having such equal right was entitled to property in equal share and that Court was bound to grant decree in equal shares even in absence of such plea raised by vendee, but refused to grant leave to appeal to vendee on the ground that he could not raise such plea in review before High Court for not having taken same before Lower Courts---Validity---Such two conclusions drawn simultaneously was outcome of banking upon a hyper technicality, resultantly both such views had become destructive of each other---Supreme Court was morally and legally convinced that such aspect by itself was a sufficient ground for review of its ---Both parties were co-sharers in property belonging to same class of pre-emptors, thus, were entitled to share property equally---Supreme Court accepted review petition by reviewing its and granted decree to pre¬emptor of halt of disputed property on payment of half sale price determined by Trial Court. 2003 SCMR 1501 ref. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.--------Abdul Hakeem and others seek, through this petition, review of our judgment dated 26-5-2003 whereby this Court had refused to giant leave in Civil Petitions for Leave to Appeals Nos.472/P and 473/P of 2002; latter on the ground of limitation and the former on merit. 2. Khalid Wazir, respondent had succeeded in obtaining a decree for possession through pre-emption against Abdul Hakeem etc., the petitioners, from Civil Judge, Banda Daud Shah on 19-9-1998 which was maintained up to the High Court. The vendees brought a review petition before the High Court against its judgment in revision dated 14-12-2001 which was refused and hence the aforesaid petitions for leave to appeal were filed. 3. The only contention of the vendees before the High Court in review petition and before…

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