Law: Punjab Pre-emption Act, 1991

Section: 13

Law: Civil Procedure Code (V of 1908)

Section: O.XVII,R.3

(a) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Civil Procedure Code (V of 1908), O.XVII, R.3---Suit for possession through pre-emption---Dismissal of suit for non -prosecution of evidence---Both Trial Court and Appellate Court concurrently dismissed the suit under O.XVII, R.3, C.P.C. by closing right of plaintiff to produce evidence---Plaintiff did not mention the time, date and place for making Talb-i-Muwathibat in the plaint---Plaintiff asserted that he could move for amendment of the plaint in order to meet the requirements of law---Validity---Plaint did not fulfil the requirements of law and the said omission was fatal to the maintainability of the suit---Revision petition was dismissed by High Court. Mian Pir Muhammad and another v. Faqir Muhammad through L.Rs and others PLD 2007 SC 302; Sardar Muhammad Nawaz v. Mst. Firdous Begum 2008 SCMR 404 and Haq Nawaz v. Muhammad Kabir 2009 SCMR 630 rel. (b) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Pre-emption suit---Where the plaintiff did not mention time, date and place of knowledge of the sale and of making of Talb-i-Muwathibat in the plaint, the suit of the plaintiff could not proceed and was liable to be dismissed. Mian Pir Muhammad and another v. Faqir Muhammad through L.Rs. and others PLD 2007 SC 302; Sardar Muhammad Nawaz v. Mst. Firdous Begum 2008 SCMR 404 and Haq Nawaz v. Muhammad Kabir 2009 SCMR 630 rel. THIS JUDGMENT DELIVERED BY: NASIR SAEED SHEIKH, J:--- This civil revision is directed against the judgment and decree dated 21-3-2002 passed by the learned Additional District Judge, Pindi Bhattian, District Hafizabad whereby an appeal against the judgment and decree dated 12-9-2001 passed by the learned Civil Judge, Pindi Bhattian dismissing the suit of the petitioner by applying the provisions of Order XVII, Rule 3 of C.P.C., was dismissed. 2. Briefly stating the facts of the ease are that the petitioner instituted a suit for possession through exercise of right of pre-emption in respect of subject land on 15-5-1995 before the learned Civil Judge Pindi Bhattian. The suit was originally instituted at Hafizabad but subsequently Sub-Divisional courts were created in Pindi Bhattian,…

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