ABDUL MAJID and another, vs MUHAMMAD HANIF

This matter arises from a petition filed against the Lahore High Court judgment dated 18-4-2002, wherein the High Court allowed a civil revision application and remanded a pre-emption suit to the trial court for decision in accordance with the law. The core legal question raised before the Supreme Court was whether the suit for pre-emption filed by the respondent was maintainable and within time, making the plaint liable to rejection. The court held that since the High Court remanded the matter to the trial court, the questions touching the merits and the root of the case should properly be urged before the trial court. The Supreme Court disposed of the petition with the observation that the petitioner may agitate these questions before the trial court, which shall consider and determine them strictly on merits in accordance with law. The key principle laid down is that foundational questions regarding the maintainability and limitation of a suit should be agitated before and determined by the trial court upon remand.