Law: Punjab Pre-emption Act, 1991

Section: 13

Law: Civil Procedure Code (V of 1908)

Section: O.VIR.17,O.VIIR.11

Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Civil Procedure Code (V of 1908), O. VI R. 17 & O. VII R. 11---Pre-emption suit---Rejection of plaint---Amendment of pleadings---Scope---Vendees moved application under O. VII, R. 7, C.P.C. for rejection of plaint on the ground that "place" of alleged performance of Talb-e-Muwathibat was not mentioned in the plaint---Pre-emptors moved application for amendment of plaint---Non-mentioning of place of performance of Talb-e-Muwathibat---Effect---Petitioners/vendees contended that mentioning of place of performance of Talb-e-Muwathibat in the plaint was sine qua non and amendment of plaint was equal to rectification of the plaint and Trial Court had rightly rejected the plaint of pre-emptors while appellate court had wrongly allowed pre-emptors to amend their claim--- Pre-emptors/respondents contended that place of performance of Talb-e-Muwathibat was inadvertently missed in the plaint so order of appellate court allowing to amend the plaint was justified---Validity---Mentioning of particulars as to "date", "time" and "place" of making talbs are sine qua non for a successful pre-emptory action, and failure would invariably be fatal for the pre-emptor---Respondents/pre-emptors had accepted their non-performance of the requisite detail of "place" where Talb-e-Muwathibat had been performed and the essential principle of "place" when missing in the plaint, they had to face the consequences for the omission---Trial Court while evaluating the pleadings had considered that in presence of said material defect the cause of action to the pre-emptor had not accrued and in such circumstances the further proceedings in the matter was merely a futile exercise and thus the plaint was rightly rejected---Effect of rectification of the plaint on the basis of proposed amendment of the pleadings had taken the pivotal position in the present case---Amendment in the pleadings was sought by the respondents when the petitioners on the basis of said fatal aspect filed application under O. VII, R. 11, C.P.C., therefore, its insertion in the plaint was clearly visualized that application was filed for filling-up the lacuna and if said…

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