Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Punjab Pre-emption Act, 1991

Section: 13

Civil Procedure Code, 1908 (V of 1908)-- ----S. 115--Pre-emption Act, 1991, S. 13--Suit for possession through pre-emption of agricultural land--Talb-e-muwathibat & talb-e-ishaad--Material contradictions in evidence--Dismissed--Appeal allowed--Challenge to--Validity--It transpires that date and place of performance of talb-e-muwathibat is mentioned but time is not mentioned, which is a glaring illegality--There are substantial contradictions in statement of PW regarding arrival of informer to Baithak of his father--There is contradiction in statements of PW 1, where he has stated that witnesses PW2 and PW3 came to Baithak at 9:00 AM and had breakfast while informer son was also present at time of breakfast and had also taken breakfast with them--On contrary, PW 2 pre-emptor had invited witnesses for breakfast when his son was also present at about 9:55 AM and PW3 stated that he had gone to Baithak of pre-emptor at 8:30 or 9:0 AM in morning but informer was not present with them, he had also stated that he had not taken breakfast with PW and remained in his fields till he heard about sale of prompted land--Talbs held not proved--Suits filed by respondents dismissed--Revision allowed. Civil Procedure Code, 1908 (V of 1908)-- ----S. 115--Pre-emption Act, 1991, S. 13--Suit for possession through pre-emption of agricultural land--Talb-e-Muwathibat Talb-e-Ishaad--Material contradictions in evidence--Mode of Recording of evidence through affidavits deprecated--Qanun-e-Shahadat Order, 1984, Arts. 132 133--Examination in Chief of witnesses in civil cases is presented in form of affidavits which are attested by oath commissioner outside Court and at time of statement in Court and at time of statement in Court witnesses merely refer to their affidavits without formally exhibiting all documents that are being relied upon--It can be accepted as affidavit but exhibition of documents must be made in Court in presence of presiding officer as well as opposite counsel so as to provide opportunity to opposite counsel regarding objection--Non compliance of provision of QSO, 1984 is apparent on face of record, therefore contentions raised in plaint and in affidavit are unproved…

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