In Brief
A co-sharer filed a suit for pre-emption under the Punjab Pre-emption Act, 1913. The trial court passed an ex parte decree in his favour in April 1990, and possession was taken. The defendant obtained setting aside of the ex parte decree on grounds of non-service. Subsequently, the law was amended to remove the co-sharer's right of pre-emption. Upon remand, the trial court dismissed the suit. The Supreme Court held that when an ex parte decree is set aside because of non-service, the decree on merits passed thereafter becomes the decree of the court of first instance for purposes of determining legal rights. Since the amended law was in effect when the new decree was passed, the pre-emptor's right had ceased to exist, and the dismissal of the suit was proper. The appeal was dismissed.
The lawyer headnote and full judgment text are available to registered users.