| Case ID |
2616a1f8-6fe8-4ab9-8ac5-813fbd750954 |
| Body |
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| Case Number |
Civil Petition No. 95 of 2003 |
| Decision Date |
Sep 08, 2004 |
| Hearing Date |
Sep 08, 2004 |
| Decision |
The Supreme Court of Pakistan dismissed the Civil Petition No. 95 of 2003, affirming the earlier judgment of the Peshawar High Court which had rejected the writ petition of Rahm Badshah on grounds of limitation under Section 31 of the NWFP Pre-emption Act, 1987. The court held that the petitioner's suit was time-barred as the sale mutation was attested on 24.11.1998 and the suit was filed on 1.6.1999. The court further clarified that the provisions of Section 31 and Section 32 of the NWFP Pre-emption Act are not interdependent, thus the petitioner's argument regarding lack of knowledge of the transaction was not valid as per the law. Consequently, the petition was dismissed as it lacked merit. |
| Summary |
This case revolves around the interpretation of the NWFP Pre-emption Act, 1987, particularly the relationship between Sections 31 and 32 concerning the limitation period for filing a pre-emption suit. Rahm Badshah's petition was dismissed by the Supreme Court, which upheld the ruling of the Peshawar High Court that his suit was barred by time. The court emphasized that the provisions of Section 31 regarding the limitation period are independent of Section 32, which deals with the knowledge of the transaction. This case highlights essential legal principles regarding pre-emption rights and the importance of adhering to statutory time limits. The ruling provides clarity on the interpretation of laws governing property transactions and pre-emption, making it a significant decision in civil procedure law. Key trends in legal practice include the impact of this ruling on future pre-emption cases and the necessity for legal practitioners to ensure compliance with procedural requirements to avoid time-barred claims. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Raza Khan,
Faqir Muhammad Khokhar
|
| Lawyers |
Mr. Gulzarin Kiani,
Mr. M.S. Khattak,
Mr. Abdul Sattar,
Mr. Muhammad Zahoor Qureshi
|
| Petitioners |
Rahm Badshah
|
| Respondents |
5 others,
Zalia Khan
|
| Citations |
2004 SLD 3266,
2004 PLJ 871
|
| Other Citations |
2000 SCMR 1305,
PLD 2001 SC 499,
2004 SCMR 535
|
| Laws Involved |
Civil Procedure Code (V of 1908),
NWFP Pre-emption Act, 1987 (X of 1987)
|
| Sections |
11,
31,
32
|