Law: Punjab Pre-emption Act, 1913

Section: 15

Law: Civil Procedure Code (V of 1908)

Section: O.XLI,R.27,115

(a) Punjab Pre-emption Act (I of 1913)--- ----S.15---Superior right of pre-emption---Proof---Requirements---Non-appearance of witness at the time of affirmative evidence---Effect---Part patwar---Partial pre-emption---Scope---Plaintiffs were bound to prove that they had superior right of pre-emption---Plaintiffs, in the present case, opted not to appear as a witness at the time of affirmative evidence---Part patwar was not per se admissible in evidence---Evidence produced by the plaintiffs at the time of rebuttal could be read as rebuttal only and same could not be considered as affirmative evidence---Plaintiffs had failed to prove their superior right of pre-emption---No illegality or material irregularity had been pointed out in the findings recorded by the Appellate Court---Revision was dismissed in circumstances. [Paras. 8 and 11 of the ] (b) Civil Procedure Code (V of 1908)--- ----O. XLI, R. 27---Additional evidence, production of---Scope---If documents sought to be produced as additional evidence were not in access or knowledge of the party who wanted to produce the same or if the court required that the documents were necessary for coming to a just conclusion then same could be produced as an additional evidence. [Para. 7 of the ] (c) Civil Procedure Code (V of 1908)--- ---S. 115---Revision---Filing of---Requirements---Record of Trial Court had to be annexed along with the revision petition at the time of filing the same. [Para. 7 of the ] THIS JUDGMENT PASSED BY: AMIN-UD-DIN KHAN, JUSTICE:---.--- Through this civil revision the petitioners/ plaintiffs have challenged the judgment and decree dated 28.09.2000 passed by the learned District Judge, Layyah, whereby the appeal filed by the respondents/defendants was accepted, by way of which, the judgment and decree dated 15.07.1986 passed by the learned Senior Civil Judge, Layyah decreeing the suit for pre-emption filed by the petitioners-plaintiffs, were set aside. 2. The brief facts as leading to this civil revision are that the respondents/ defendants purchased the suit property through registered sale deed No.1585 registered on 21.04.1982. The suit to pre-empt the sale of said land was filed on…

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