1987 PLP 845 (SCMR)
FIDA HUSSAIN SHAH Petitioner Versus MUHAMMAD RAFIQUE SHAH Respondent
| Citation | 1987 PLP 845 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, Mian Burhanuddin Khan and Saad Saood Jan, JJ |
| Parties | FIDA HUSSAIN SHAH Petitioner Versus MUHAMMAD RAFIQUE SHAH Respondent |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 1987 PLP 845 (SCMR)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 845 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, Mian Burhanuddin Khan and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 845 (SCMR) (FIDA HUSSAIN SHAH Petitioner Versus MUHAMMAD RAFIQUE SHAH Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Inayat Ali, Advocate Supreme Court with Sh. Masood Akhtar. Advocate‑on‑Record for Petitioner.
- Rana Abdur Rahim. Advocate Supreme Court with Tanvir Ahmad, Advocate‑on‑Record for Respondent.
- Date of hearing: 3rd February, 1987
Headnotes / Summary
(From the judgment/order of the Lahore High Court, Multan Bench, dated 6‑10‑1986 passed in Civil Revision No. 605 of 1986). ‑‑‑O. IX, R. 9‑‑Punjab Pre‑emption Act (I of 1913), S.21‑‑Limitation Act (IX of 1908), Arts. 164 & 181‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Question arising whether in case for setting aside ex parte pre‑emption decree, Art. 164 or 181 of Limitation Act was applicable‑‑Supreme Court having already resolved controversy in case reported as PLD 1981 SC 146 and both parties agreeing that Art. 181 would be applicable in circumstances of case, application for setting aside ex parte pre‑emption decree was held within limitation‑‑Petition converted into appeal and case remanded to Trial Court for further proceedings. Messrs Rehman Weaving Factory v. Industrial Development Bank of Pakistan etc. P L D 1981 SC 146 rel.
Judgment & Decree
Sh. Inayat Ali, Advocate Supreme Court with Sh. Masood Akhtar. Advocate‑on‑Record for Petitioner. Rana Abdur Rahim. Advocate Supreme Court with Tanvir Ahmad, Advocate‑on‑Record for Respondent. Date of hearing: 3rd February, 1987 MUHAMMAD AFZAL ZULLAH, J.‑‑Both the learned counsel agree that this case is covered by judgment of this Court in Messrs Rehman Weaving Factory v. Industrial Development Bank of Pakistan etc. PLD 1981 SC 146.
2. An ex parte pre‑emption decree was passed against the petitioner by the trial Court. The application for setting aside the same was dismissed as time‑barred by applying Article 164 of Limitation Act. Article 181 of Limitation Act was held to be not applicable.
3. Both the learned counsel state that the Supreme Court has now in the aforecited case resolved the controversy and further that according to the rule laid therein, Article 181 would be applicable in the circumstances of this case. That being so, the application for setting aside the ex parte decree was within limitation.
4. In view of what is stated above, this petition is converted into appeal. It is allowed. Ex parte decree passed against the petitioner is set aside. The case is remanded to the trial Court for further proceedings. 5.The question whether the pre‑emption suit can proceed now will be decided by the trial Court if and when a plea is raised before it. There shall be no order as to costs. M.I./P‑7/S Order accordingly.