Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Law: Specific Relief Act, 1877

Section: 9

Law: Punjab Pre-emption Act, 1913

Section: 13

  Civil Procedure Code, 1908 (V of 1908)------S. 12(2)--Specific Relief Act, (I of 1877), S. 9--Pre-emption Act, (IX of 1991), S. 13-- Application for setting aside decree--Compromise between parties--Suit for possession through pre-emption was partially decreed--Dismissed--Revision petition--Dismissed--Acclaimed statement of mother of petitioners--Non-producing of Secretary Union Council--Powers of trial Court--Interested witness--Non corroboration of RW.-2--Non-production of Civil Nazir--Challenge to--Difference between date of death of petitioner’s mother--Death certificate of Rehmat Bibi, without examining Secretary Union Council concerned, both Courts below misdirected themselves while relying upon document, under discussion--Trial Court was vested with power to summon said official as Court Witness to unveil truth but non-exercise of jurisdiction vested in Civil Court resulted into grave miscarriage of justice--The statement of RW-2 was considered on touchstone of judgment of Hon’ble Supreme Court it stands clarified that it was not safe for Courts below to hinge upon testimony of witness when same was not corroborated by relevant documentary evidence--Why Civil Nazir was not produced in evidence despite fact that his name was duly mentioned in application filed by Respondent No. 3 seeking permission to place on record List of Witnesses--Both Courts below were bound to take pain to unearth real date of death of Mst. Rehmat Bibi as it was sole decisive factor for decision of lis between parties-- AW-1 and AW-2 disclosed name of person who led funeral prayer of Mst. Rehmat Bibi but non-summoning of said person by Trial Court, to reach a just conclusion, shows that both Court failed to exercise jurisdiction vested in them--Petition accepted.2002 SCMR 527; 2016 SCMR 662; 2023 SCMR 1635; PLD 2022 SC 21; PLD 2005 SC 658 & 2000 YLR 3030 ref.JUDGMENT:Unnecessary details apart, Muhammad Aslam (Respondent No. 3) filed a suit for possession through pre-emption against Mst. Rehmat Bibi (predecessor-in-interest of Petitioners No. 1 to 4), which was partially decreed by the learned Civil Judge, Gujranwala through judgment and decree, dated 30.09.2000, in…