Law: Punjab Pre-emption Act, 1991

Section: 13

Law: Civil Procedure Code (V of 1908)

Section: 7,11

Punjab Pre-emption, Act, 1991 (IX of 1991)-- ----S. 13--Civil Procedure Code, 1908 (V of 1908) O. 7, R. 11--Suit for possession through Pre-emption--Sale mutation--Application for Talb-e-Muwahibat--Maintainability--Application for amendment was not allowed--Plaint rejected appeal--Allowed--Challenge to--Question of--Whether plaint be allowed to amend subsequently for filling up afterthought lacunas--Validity--Amendment in pleadings sought by respondents when pre-emptors/respondents on basis of this fatal aspect filed application under Order VII Rule 11, CPC, therefore, its insertion in plaint be clearly visualized that same was filed for filling-up lacuna and if this amendment is to be allowed then whole super-structure of Section 13 of Punjab Pre-emption Act, 1991 will not be sustained--Learned appellate Court have not exercised its powers judiciously while ascertaining validity of impugned and decree and reversed findings of learned Civil Judge illegally which was validly expressed by learned Civil Judge--Thus, I am of considered view that learned appellant Court while allowing proposed amendment acted in exercise of its jurisdiction with grave illegality and material irregularity on basis of erroneous and unreasonable view--Civil revisions allowed. JUDGMENT Through this single judgment, I intend to decide all the above mentioned civil revisions as in all these petitions same question of law and fact is involved. 2. Precise facts of the case are that pre-emptors/respondents filed four suits of possession through pre-emption challenging four different sale mutations against petitioners/vendees. After filing of the suit, the petitioners/vendees filed an application under Order VII Rule 11, CPC for rejection of plaint on the ground that the requisite ingredients of Talb-e-Muwathibat was not fulfilled as the "place" of performance of Talb-e-Muwathibat was not mentioned in the plaint, hence, the suit is not maintainable and the plaint is liable to be rejected. 3. The respondents/pre-emptors filed an application for amendment in all the plaints. Both these applications were decided jointly by the learned Civil Judge vide his order dated 10.02.2010 whereby the…

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