Judgment Text

2003 M L D 1454 2003 M L D 1454 [Peshawar] Before Talaat Qayyum Qureshi, J SABIR KHAN and others---Petitioners Versus MUHAMMAD ALI and another -Respondents Civil Revision No.40 of 2000, decided on 5th May 2003. (a) North-West Frontier Province Pre-emption Act (X of 1987)----- ----Ss.6 & 31---Dastoor-ul-Aml, para, 255---Suit for pre-emption-- Determination of limitation for filing suit---High Court while remanding case directed the Lower Court not to decide, same according to North West Frontier Province Pre-emption Act, 1950, since said Act had been repealed and new North-West Frontier Province Pre-emption Act. 1987 had been promulgated with effect from 28-4-1987 which had been extended to Provincially Administrated Tribal Areas--From date of repeal of old Act, 1950 till extension of new Act of 1987 limitation for filing pre-emption suit was to be governed by provisions contained in Para.255 of Dastoor-ul-Aml. PLD 1995 SC 281; Khalilur Rehman and 3 others v. Talizar Khan PLD 1992 SC 442; 1997 SCMR 1138; Haji Nisam Khan v. Additional District Judge, Lyallpur and others PLD 1976 Lah. 930 and Muhammad Bashir v. The State PLD 1982 SC 139 ref. (b) Civil Procedure Code (V of 1908)----- ----S.115---North-West Frontier Province Pre-emption Act (X of 1987), S.6---Revision---Suit for pre-emption ---Courts concurrently dismissed the suit---In absence of any material irregularity, any jurisdictional error or defect warranting interference in concurrent findings recorded by…