| Case ID |
0bf0eee2-dcdd-4158-a2e3-ca26319de0e2 |
| Body |
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| Case Number |
Writ Petition No: 593 and C.M. No. 1192 of 1992 |
| Decision Date |
Sep 27, 1992 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that the dismissal of a pre-emption suit does not have legal effect if the right of pre-emption is subsequently claimed under the provisions of the Punjab Pre-emption Act, 1991. The court emphasized that the necessary elements for exercising the right of pre-emption, including the pleading of 'Zaroorat' and avoidance of 'Zarar', must be included in the plaint. The court determined that the petitioners failed to adequately plead these elements, leading to the conclusion that their application for revival of the dismissed pre-emption suit was not justified. As a result, the court upheld the lower court's dismissal of the revival application. |
| Summary |
This case revolves around the revival of a pre-emption suit that had been dismissed by the trial court. The Lahore High Court examined the provisions of the Punjab Pre-emption Act, 1991, particularly section 35, which allows for the revival of previously dismissed suits if the right of pre-emption is claimed under the new Act. The court highlighted the importance of proper pleading, specifically the need to demonstrate 'Zaroorat' and avoidance of 'Zarar' for the right of pre-emption to be validly claimed. The court ultimately concluded that the petitioners had not met these requirements, resulting in the dismissal of their application for revival. This case underscores the critical nature of adherence to procedural requirements in pre-emption suits and the implications of legislative changes on ongoing legal matters. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
GUL ZARIN KIANI, J
|
| Lawyers |
Muhammad Munir Peracha for Petitioner
|
| Petitioners |
FAZAL ELLAHI and 2 others
|
| Respondents |
DISTRICT JUDGE, ATTOCK and 3 others
|
| Citations |
1993 SLD 409 = 1993 CLC 85
|
| Other Citations |
PLD 1990 SC 865,
PLD 1964 SC 536,
PLD 1986 SC 360,
PLD 1988 SC 287,
1992 MLD 1207,
1992 MLD 1879
|
| Laws Involved |
Punjab Pre-emption Act, 1991,
Civil Procedure Code (V of 1908),
Punjab Pre-emption Ordinance (XVIII of 1990)
|
| Sections |
13(3),
35,
15,
30,
35(2),
6(2),
Order 6, Rule 17,
34,
36
|