Law: Civil Procedure Code (V of 1908)

Section: O.XX,R.1,O.XLI,Rr.30,33

Law: Civil Procedure Code (V of 1908)

Section: O.XX,R.1,O.XLI,Rr.30,33

(a) Islamic Law-------Pre-emption suit---Talbs, performance of---Proof---Record showed that pre-emptor's son came to know about suit sale on 17-1-2009, whereas copy of mutation was applied on 11-3-2009---Nothing was available on record to show that vendee had raised construction on suit plot subsequent to its purchase---Pre-emptor on coming to know about suit sale on 17-1-2008 was legally required to have made first Talb on same date and time, but he remained kept quiet till 11-3-2009---Presuming for sake of arguments that pre-emptor gained knowledge of sale on getting copy of suit mutation, then person who delivered him its copy would have been best witness to state and confirm factum of first Talb---Pre-emptor had not explained reason for making application for copy of suit mutation---Such negligent conduct of pre-emptor was not condonable---Law would favour vigilant and not indolent---Suit was dismissed in circumstances. (b) Administration of justice--- ----Law would favour vigilant and not indolent. (c) Islamic Law--- ----Pre-emption suit--- Talb-i-Muwathibat, performance of--- Non-disclosing in plaint time and names of witnesses in whose presence such Talb was alleged to be performed---Effect---Right of pre-emption could be enforced if pre-emptor had been able to establish to have performed Talbs exactly and absolutely in form, manner, nature and method provided under Islamic Law---Conditions prescribed for performance of such Talb would not be supposed to have been satisfied---Suit was dismissed in such circumstances. Bashir Ahmed and another v. Mushtaq Ahmed 2007 SCMR 895 and Abdul Qayyum v. Muhammad Sadiq 2007 SCMR 957 ref. (d) Civil Procedure Code (V of 1908)--- ----O. XX, R. 1 & O. XLI, Rr. 30, 33---Judgment of Trial Court being at variance with that of Appellate Court---Effect---Findings of Appellate Court, if based on proper appraisal of material available on record, would deserve much weight in such case. Hakim-ud-Din through L.Rs. and others v. Faiz Bakhsh and others 2007 SCMR 870 and Abdul Nabi and 29 others v. Jan Muhammad and 26 others 1998 CLC Quetta 1842 rel. Kamran Arshad for Petitioner. Zafar Alam Mandokhail for Respondents. Date of…

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