Law: Civil Procedure Code (V of 1908)

Section: O.VI,Rr.7,17

(a) Islamic law--- ----Pre-emption---Talbs, performance of---Evidence produced by plaintiff and his statement with regard to performance of talbs by him and gaining knowledge of sale was not in consonance with the pleadings---No date, time and place had been mentioned in the plaint with regard to performance of Talb-i-Muwathibat---Averment made in the pleadings did not constitute the evidence but evidence led must be consistent therewith---Pleadings could not be departed except by way of amendment---Anything stated outside the scope of such averment could not be looked into---Evidence and statement of the plaintiff was not only divergent from pleadings but there were inter se contradictions with regard to gaining knowledge of sale of suit land and performance of required talbs---Plaintiff had failed to establish performance of talbs in accordance with law---Findings recorded by the Trial Court were well versed and based on sound reasoning---Appeal was dismissed in circumstances. Government of West Pakistan v. Haji Muhammad PLD 1976 SC 469; Messrs Choudhary Brothers Ltd v. The Jaranwala Central Co-operative Bank 1968 SCMR 804 and Major (Retd.) Barkat Ali v. Qaim Din 2006 SCMR 562 rel. (b) Civil Procedure Code (V of 1908)--- ----O. VI, Rr. 7 & 17---"Pleadings"---Scope---Averment made in the pleadings did not constitute the evidence but evidence led must be consistent therewith--- Pleadings could not be departed except by way of amendment---Anything stated outside the scope of such averment could not be looked into. Government of West Pakistan v. Haji Muhammad PLD 1976 SC 469; Messrs Choudhary Brothers Ltd v. The Jaranwala Central Co-operative Bank 1968 SCMR 804 and Major (Retd.) Barkat Ali v. Qaim Din 2006 SCMR 562 rel. JUDGMENT MUHAMMAD EJAZ SWATI, J.---- Through this Regular First Appeal the appellant has challenged the validity of judgment and decree dated 1st March, 2010 passed by Senior Civil Judge-III, Quetta, whereby; suit for pre-emption filed by the appellant was dismissed. 2. The brief facts leading to filing of this appeal are that the appellant preferred his suit for pre-emption against the private respondents, pre-empting the sale of suit land…

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