Law:

Section:

Punjab Pre-emption Act (IX of 1991)--- ---S. 13---Constitution of Pakistan, Art. 189---Suit for pre-emption---Talb-i-Muwathibat---Particulars of Talb-i-Muwathibat not pleaded in the plaint---Effect---Binding effect of a of the Supreme Court, passed during pendency of a lis before the High Court---Scope---Trial Court passed decree in favour of pre-emptor (appellant)---Appeal filed by defendant/respondent was dismissed by the First Appellate Court---High Court in its revisional jurisdiction allowed revision petition filed by respondent/defendant and dismissed suit of pre-emptor by relying on the of Mian Pir Muhammad and another v. Faqir Muhammad through L.Rs. and others (PLD 2007 SC 302)---Contentions of pre-emptor were that decree in his favour was passed prior to the said , therefore the applicable law to the matter was the one before the said , which prescribed that there was no requirement of mentioning particulars in the plaint of a suit for pre-emption, and that High Court could not transgress its revisional authority by relying upon law laid down by the Supreme Court during the pendency of the revision petition before it---Validity---Latest of the Supreme Court, which enunciated a principle of law, in respect of a specific particular law by interpreting the same, should be given full effect and should be strictly followed till the time the lis stood finally terminated/determined, meaning thereby that it (lis) was not pending before any forum; this was irrespective of the fact as to when the case was instituted or the decision was passed by the first Court or subsequent courts---Final and conclusive of the apex (Supreme) Court deciding a question of law, or based upon or enunciating a principle of law, should have binding effect and should be adhered to in letter and spirit---Present case was squarely covered by the of Mian Pir Muhammad and another v. Faqir Muhammad through L.Rs. and others (PLD 2007 SC 302) at revisional stage and revisional Court (High Court) was duty bound to decide the matter as per thereto in terms of Art.189 of the Constitution---Pre-emptor was required to prove/establish particulars (of Talb-e-Muwathibat) but evidence showed that…

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