MUHAMMAD NAZIR and others vs NIAZ ALI — 1998 SCMR 384

Citation: 1998 SCMR 384

Court: Supreme Court of Pakistan

Year: 1957

Decision Date: 1957-06-02

Parties: MUHAMMAD NAZIR and others vs NIAZ ALI

Headnotes

Case cited as 1998 SCMR 384

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Muhammad Bashir Jehangiri, Nasir Aslam Zahid, Ajmal Mian Title: MUHAMMAD NAZIR and others vs NIAZ ALI Case No.:Civil Petition for Leave to Appeal No,389 of 1996 Civil Revision No,269(1) of 1996 R.S.A. No,377 of 1980 Date of Judgment:1957-06-02 Reported As: 1998 SCMR 384 Result: Leave granted Judgment ORDER ' AJMAL MIAN, ACTG. C.J.---This is a petition for leave to appeal against the judgment, dated 3-6- 1996 passed by a learned Single Judge of the Lahore High Court in R.S.A. No,377 of 1980 treated as Civil Revision No,269(1) of 1996, filed by the respondent against the judgment, dated 23-1-1980 of the learned Additional District Judge, Rawalpindi, passed in Civil Appeal No,277 of 1978 of the petitioners, remanding the case to the trial Court, allowing the same by setung aside the above judgment for the following reasons:--- "3. I have considered the arguments addressed at the Bar and the case-law on the subject. Admittedly the suit was filed under the provisions of Punjab Pre-emption Act, 1913 and has not been decreed in favour of the pre-emptor at any stage up till now. It is now well-settled a legal proposition that if a pre-emption suit filed under the Provisions of Punjab Pre-emption Act, 1913 not decreed up to 31-7-1986 no decree can be passed therein in favour of the pre-emptor, as he looses the actionable cause of action. 4. Arguments of the learned counsel for the petitioner, hence, has force, is accepted, and it is…

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