Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. XVI, Rr. 1 & 2---Khyber Pakhtunkhwa Pre-emption Act (X of 1987), S.13---Constitution of Pakistan, Art.199---Constitutional petition---Pre-emption suit---Summoning of witness whose name was not included in the list of witnesses---"Good cause"---Scope---Names of witnesses sought to be summoned were not included in the list of witnesses filed by the plaintiff---List of witnesses of plaintiff was submitted through counsel and he was aware of the witnesses to be produced for evidence and production of documents to prove the case---Parties had to furnish list of witnesses whom they proposed to call either to give evidence or to produce document within seven days of framing of issues and no witness could be summoned by the court except the witness whose name appeared in the list submitted in the court---Party had to show "good cause" for the omission with regard to inclusion of name of witness in the said list for summoning him through court---Present application for summoning of witnesses through process of court was without any cogent reason and "good cause"---Pre-emption suit was like a criminal case and no omission could be allowed to be supplied by means of amendment, addition, strike off, make of default and delinquency---Principle of law could not be used as an instrument to avoid, shun or defeat the specific provision of law and save the party from consequences of his delinquency against the clear command of law----No error was found in the impugned and order passed by the revisional court---Constitutional petition was dismissed in circumstances. 1981 SCMR 150; PLD 1992 SC 811; 2004 SCMR 1367; 2005 CLC 325 and 2011 CLC 569 ref. Muhammad Anwar and others v. Mst. Ilyas Begum and others PLD 2013 SC 255 and Ghulam Yasin and others v. Ajab Gul 2013 SCMR 23 rel. 1981 SCMR 150; PLD 1992 SC 811; 2004 SCMR 1367; 2005 CLC 325 and 2011 CLC 569 distinguished. (b) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Talbs, performance of---Scope---Plaintiff was legally bound to prove factum of performance of Talb-i-Muwathibat and Talb-i-Ishhad in prescribed manner according to law within the time limit. Abdur…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492