1989 PLP 349 (CLC)
ABDUL KARIM‑‑Petitioner Versus NADIR KHAN and 3 others‑‑Respondents
| Citation | 1989 PLP 349 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Akhtar Hassan, J |
| Parties | ABDUL KARIM‑‑Petitioner Versus NADIR KHAN and 3 others‑‑Respondents |
| Primary Law | Civil Procedure Code (V of 1908)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 349 (CLC)?
This judgment primarily cites: Civil Procedure Code (V of 1908)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 349 (CLC)?
The case was heard and decided by the Lahore bench comprising: Akhtar Hassan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 349 (CLC) (ABDUL KARIM‑‑Petitioner Versus NADIR KHAN and 3 others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Rashid Chughtai for Appellant. M.A. Zafar for Respondents.
- Chaudhry Mazharul Haq and Muhammad Hanif Niazi for Petitioners.
Headnotes / Summary
‑‑‑S. 151‑‑Punjab Pre‑emption Act (I of 1913), 5.15‑‑Pre‑emption suit‑‑Vendor's collateral claiming right of pre‑emption‑‑Suit had not been decreed so far‑‑Pre‑emptor died in the meantime and his legal representatives withdrew the appeal and same was consequently dismissed‑‑Applicants, after such dismissal claiming that they were also .legal heirs and that withdrawal of appeal without their joinder was bad in law‑‑Such application appeared to be out of place as per rule laid down in Said Kamal Shah v. Government of N.‑W.F.P. PLD 1986 SC 360, whereby collateralship being no qualification, suit based on it could not be sustained‑‑Appeal had been rightly withdrawn‑‑No exception could be taken even if applicants were among the heirs of deceased pre‑emptor. Said Kamal Shah v. Government of N.‑W.F.P‑. P L D 1986 SC 360 rel
Judgment & Decree
No.256 of 1980, 4207/ C and 4208/ C of 1987, decided on 13th November, 1988. ‑‑‑S. 151‑‑Punjab Pre‑emption Act (I of 1913), 5.15‑‑Pre‑emption suit‑‑Vendor's collateral claiming right of pre‑emption‑‑Suit had not been decreed so far‑‑Pre‑emptor died in the meantime and his legal representatives withdrew the appeal and same was consequently dismissed‑‑Applicants, after such dismissal claiming that they were also .legal heirs and that withdrawal of appeal without their joinder was bad in law‑‑Such application appeared to be out of place as per rule laid down in Said Kamal Shah v. Government of N.‑W.F.P. PLD 1986 SC 360, whereby collateralship being no qualification, suit based on it could not be sustained‑‑Appeal had been rightly withdrawn‑‑No exception could be taken even if applicants were among the heirs of deceased pre‑emptor. Said Kamal Shah v. Government of N.‑W.F.P‑. P L D 1986 SC 360 rel Muhammad Rashid Chughtai for Appellant. M.A. Zafar for Respondents. Chaudhry Mazharul Haq and Muhammad Hanif Niazi for Petitioners. It is a pre‑emption case, which has not so far been decreed. The appellant sought the pre‑emption of the land as collateral of the vendor. He died in the meantime and his legal representatives withdrew the appeal. It was dismissed on 16‑6‑1987, but by the C.M. mentioned above, the applicants claim and that instead they were also his legal heirs and that withdrawal of the appeal without their joinder was bad in law.
2. The applications appear to be out of place because by the rule laid down in Said Kamal Shah v. Government of N.‑W.F.P. PLD 1986 SC
360. Shariat would apply to the present case and the collateralship, being no qualification therein, the suit could not be sustained. The appeal was rightly withdrawn. No exception could be taken to it even if the applicants were among the heirs of the deceased pre‑emptor. Accordingly, C.Ms. No: 4207/C of 1987 and 4208/C of 1987 are dismissed, while C.M. No. 3247/C of 1988 is allowed. A . A . / A‑462/L Order accordingly.