In Brief
A co-sharer filed a pre-emption suit and obtained an ex parte decree in 1990, taking possession. The defendant sought to set aside the decree under civil procedure rules, claiming non-service. The lower appellate court allowed this, and the decree was set aside. The suit was then decided afresh on merits. Meanwhile, the State amended the Pre-emption Act in 1995, removing co-sharers' right to pre-empt. The Supreme Court held that once an ex parte decree is set aside on grounds of non-service, it ceases to exist in law. The fresh decree passed on merits becomes the court's first instance decree, and the law applicable is that existing on the date of the fresh decree. Since the fresh decree was passed after the amendment removing the right, the suit was properly dismissed. The appeal was dismissed.
The lawyer headnote and full judgment text are available to registered users.