NISAR AHMED vs Haji FAZAL DAD Ss — 2023 CLC 201 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 201 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: NISAR AHMED vs Haji FAZAL DAD Ss
Subject matter: Civil
Provisions referred to: S. 31; Civil Procedure Code (V of 1908); Punjab Pre-emption Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NISAR AHMED VS Haji FAZAL DAD Ss.13, 30 & 31---Civil Procedure Code (V of 1908), O.VII, R.11 & O.VI, R.17---Suit for pre-emption, institution of---Limitation---Notice to the petitioner/public at large---Petitioner averred in plaint that he got knowledge about the sale on 17/06/2014 and that sale was effected through mutation on 31/05/2014---Respondent objected in written statement that suit was barred by time as the sale took place on 24/09/2013 through registered deed and also moved application for rejection of plaint---Petitioner's application seeking amendment in plaint as to the nature/date of sale was dismissed by Civil Court and the plaint was also rejected---Concurrent dismissal---Validity---In case of sale through registered sale deed, limitation for institution of suit for pre-emption was four months from the date of registration of the sale deed---Limitation for instituting a suit for pre-emption could not be commanded/controlled by S.31 of the Punjab Pre-emption Act, 1991---Suit was, undoubtedly, barred by time---Revision petition was dismissed accordingly.

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