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Petitioner: SHAUKAT ALI VS Respondent: SULTAN MAHMOOD
1988 S C M R 118
1988 S C M R 118
Present: Nasim Hasan Shah and S.A. Nusrat, JJ
SHAUKAT ALI and others--Petitioners
versus
SULTAN MAHMOOD--Respondent
Civil Petition No. 685 of 1986, decided on 7th November, 1987.
(On appeal from the judgment, dated 3-6-1986 of the Lahore High Court in Civil Revision No. 893-D of 1983).
Civil Procedure Code (V of 1908)--
---O. XXXII, R. 3--Limitation Act (IX of 1908), S.22--Punjab Pre-emption Act (I of 1913), S.21--Constitution of Pakistan (1973), Art.185(3)--Suit against minor-- Appointment of guardian ad litem- Limitation--Pre-emption suit--One of vendees who was minor not sued through a guardian ad litem--Prayer for amendment to sue him through guardian ad litem made after expiry of period of limitation, rejected- Order impugned--Matter having been thoroughly discussed by High Court and rejected by a well--reasoned order, Supreme Court declined to interfere--Petition for leave to appeal dismissed.
Mohammad Ismail etc. v. Muhammad Sarwar etc. 1980 S C M R 254 rel.
Syed Laqa Haider Zaidi, Advocate Supreme Court and Tanvir Ahmad, Advocate- on-Record for Petitioners.
Nemo for Respondent.
Date of hearing: 7th November, 1987.
ORDER
NASIM HASAN SHAH, J.--There is no dispute that the respondent had a preferential right of pre-emption. This right is sought to be defeated on the ground that one, out of the four vendees, was a minor when the suit was filed but he was not sued through a guardian ad litem and as the prayer for amendment to sue him through a guardian ad litem was made after the expiry of the period of limitation, the Courts below had erred in granting this amendment.
This aspect of the case has been thoroughly discussed by the High Court and the above submission rejected by a well-reasoned order. In doing so, the High Court also referred this Court's judgment in Muhammad Ismail etc. v. Muhammad Sarwar etc. 1980 SCMR 254.
We are in wholehearted agreement with the decision of the High Court on the point in issue.
M.I./S-79/S Petition dismissed.