Law:

Section:

Punjab Pre-emption Act (IX of 1991)--- ----S.13---Constitution of Pakistan, Art. 10-A---Suit for possession through pre-emption---Fair trial, right of---Trial Court closed evidence of vendees just providing them one opportunity---Lower Appellate Court set aside the order passed by Trial Court and remanded the matter to Trial Court to decide the matter afresh after recording of evidence of vendees---Validity---Trial Court without closing evidence of vendees on 22-03-2011, fixed the case for final arguments for 25-03-2011---On the contrary, the case for adducing evidence by pre-emptors started in year, 2001 and on 1-03-2011, oral evidence was closed and last opportunity for submitting documentaryevidence was given to pre-emptors for 5-03-2011---Pre-emptors took almost ten years for producing evidence, whereas vendees were given only one opportunity for the same purpose---Vendees were deprived of the opportunity to lead evidence in the light of issues framed---Undue haste was reflected in the orders passed by Trial Court and the same was violation of Art. 10-A of the Constitution---Judgment and decree passed by Lower Appellate Court was with jurisdiction vested in it and there was no illegality or infirmity in the same---Revision was dismissed in circumstances. Qazi Shamas ur Rehman and another v. Chaman Dasta and others 2004 SCMR 1798 distinguished. THIS ORDER PASSED BY: SHOAIB SAEED, JUSTICE:---.--- This civil revision is directed against the impugned judgment and decree dated 13-09-2013 passed by the Appellate Court remanding the case back to the trial Court for recording of respondents' evidence afresh. 2. Brief facts of the case are that the petitioner Abdul Rasheed filed a suit for possession through pre-emption. The contentions raised in the plaint were controvered by the respondents in their written statement. Petitioners produced six witnesses in support of averments made in the plaint and took almost ten years to complete their evidence. On closure of affirmative evidence of the petitioners on 5-03-2011 the case was fixed for evidence of the respondents for 22-03-2011. On the said date, respondents produced his oral evidence and on the same date, the…

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