Law:

Section:

Khyber Pakhtunkhwa Pre-emption Act (X of 1987) ---S. 13---Civil Procedure Code (V of 1908), O. VI, R. 17---Suit for possession through pre-emption---Talbs, performance of--- Requirement--- Application for amendment of plaint---Scope---Contention of plaintiff was that Appellate Court had not decided application for amendment of plaint---Suit was dismissed concurrently---Validity---Plaintiff had not mentioned in the plaint any date of issuance of notice of Talb-e-Ishhad which was sufficient to non-suit him---Neither the plaintiff nor his witnesses of notice of Talb-e-Ishhad had deposed before the court that in their presence the plaintiff at the time of scribing notice of Talb-e-Ishhad did refer to his performance of Talb-e-Muwathibat---Pre-emptor in order to succeed in establishing his right of pre-emption must perform Talb-e-Ishhad by establishing evidence which fact had to be proved by two truthful witnesses---Mere sending of notice of Talb-e-Ishhad was not sufficient for succeeding in a pre-emption suit---Pre-emptor must establish and prove that at the time of scribing notice of Talb-e-Ishhad, he did confirm before the witnesses his performance of Talb-e-Muwathibat---Pre-emptor would not be able in establishing his right of pre-emption unless and until Talb-e-Ishhad was performed in such manner---Application for amendment of the plaint was filed to fill up lacunae in the case which could not be allowed---Plaintiff had failed in performance of requisite talbs and his rights of pre-emption were extinguished---Findings of two courts below were not open to any interference by the High Court---Revision was dismissed in circumstances. 2009 SCMR 673 and 2013 SCMR 23 rel. JUDGMENT LAL JAN KHATTAK, J.---This civil revision petition under section 115, C.P.C. is directed against the judgment and decree dated 6-3-2013 of the learned Additional District Judge-III, D.I.Khan whereby appeal of the petitioner was dismissed by confirming the judgment and decree dated 10-5-2011 of the learned Civil Judge-XI, D.I.Khan. 2. Short facts of the case giving rise to the instant revision petition are that the petitioner filed a suit against the respondent to exercise his right of…

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