Law: Punjab Pre-emption Act, 1991

Section: 13

Law: Punjab Pre-emption Act, 1991

Section: 13

Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.17

Punjab Pre-emption Act (IX of 1991)-------S. 13---Civil Procedure Code (V of 1908), O.VI, R.17---Constitution of Pakistan, Art.199---Constitutional petition---Amendment of pleadings---Non-mentioning of date, time and place of making Talb-i-Muwathibat---Effect---Grievance of pre-emptor was that Trial Court and Lower Appellate Court did not allow him to amend his plaint: by including date, time and place of making of Talb-i-Muwathibat in the plaint---Validity---Right of pre-emption was very feeble right and in order to succeed in the same a pre-emptor had to fulfil requisite Talbs as envisaged in section 13 of Punjab Pre-emption Act, 1991---Pre-emptor, in the present case, did not disclose date, time and place of making Talb-i-Muwathibat, which was fatal in pre-emption suit---In pre-emption suit it was mandatory for pre-emptor to mention requisite particulars of Talbs in plaint and any omission in such regard was fatal and was not defect which could be cured through filing application under O.VI, rule 17, C.P.C.---Trial Court was fully justified in declining application of pre-emptor for amendment of plaint, which was rightly maintained by Lower Appellate Court---Pre-emptor failed to point out any illegality or irregularity in orders warranting interference by High Court in its Constitutional jurisdiction---Petition was dismissed in circumstances. Mian Pir Muhammad v. Faqir-Muhammad PLD 2007 SC 302; Mst. Bashiran Begum v Nazar Hussain and another PLD 2008 SC 559 and Karamat Ali Shehbaz v. Muhammad Zulqarnain PLD 2009 Lah. 356 ref. Malik Junaid Farooq for Petitioner. Sh. Habib-ur-Rehman for Respondents Nos.3 to 5. ORDER MUHAMMAD FARRUKH IRFAN KHAN, J.--- Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner calls in question the validity of impugned orders dated 16-2-2010 and 15-6-2011. Through the former learned trial Court dismissed the application of the petitioner under Order VI, Rule 17 of C.P.C. and through the latter the learned lower Appellate Court dismissed the revision petition of the petitioner filed against the order of the learned trial Court. 2. Learned counsel for the petitioner contends…

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