Law: Khyber Pakhtunkhwa Pre-emption Act, (X of 1987)

Section: 13,14

Law: Civil Procedure Code (V of 1908)

Section: O.III,Rr.2,3

Law: Qanun-e-Shahadat (10 of 1984)

Section: 132,133

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----Ss. 13 & 14---Qanun-e-Shahadat (10 of 1984), Arts. 132 & 133---Civil Procedure Code (V of 1908), O. III, Rr. 2 & 3---Pre-emption suit---Talb-e-Muwathibat, performance of---Proof---Appearance of co-pre-emptor as his own witness and on behalf of other pre-emptors as their attorney in support of the Talb---Validity---Party could appoint an attorney to defend or support cause against him---Pre-emptor not being able to appear in court to defend his right could appoint an attorney by virtue of S. 14 of Khyber Pakhtunkhwa Pre-emption Act, 1987---All pre-emptors were living in one and same house, thus, performance of such Talb by them at same place, time and date after hearing about suit sale had not been disputed---Other pre-emptors having appointed co-pre-emptor as their attorney were obliged to explain their inabilities to appear in person before court, which had been explained by another witness, whose statement remained unchallenged---Informer and other witnesses had supported statement of attorney/co-pre-emptor regarding performance of the Talb---Suit was decreed in circumstances. Qadir Bux and others v. Nawaz Ali and others 2003 YLR 974; Mst. Hassan Bano v. Wali ur Rehman and 2 others 2007 SCMR 1344 and Dilshad Begum v. Mst. Nisar Akhtar 2012 SCMR 1106 distinguished. (b) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----Ss. 13 & 14---Civil Procedure Code (V of 1908), O. III, Rr. 2 & 3---Pre-emption suit---Talb-e-Muwathibat and Talb-e-Ishhad, performance of---Appointment of attorney by pre-emptor to support his case before court---Criteria for such appointment stated. For the appointment of attorney to safeguard the interest of pre-emptor and to defend or support the cause of pre-emptor, the criteria requiring consideration should be that: firstly if the pre-emptor is abroad and residing at far flung area can appoint attorney and the attorney so appointed should have expressly been empowered for the performance of talbs on behalf of the pre-emptor; secondly if the attorney so appointed was present in the Majlis where Talb-e-Muwathibat was performed and who had also the knowledge of…

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