Law: Civil Procedure Code (V of 1908)

Section: 2 , 4

Civil Procedure Code (V of 1908)--- ----0.III, Rr. 2 & 4---Statement of counsel---Binding effect on party---Trial Court answered certain issues in favour of plaintiff and against defendant observing that vide statement made by counsel for defendant those issues had not been pressed---Defendant had challenged in appeal correctness of finding recorded by Trial Court on basis of statement made by his counsel for not pressing issues, contending that statement was made by his counsel erroneously and without instructions and consultation of defendant---Contention of plaintiff that defendant/respondent was debarred under law to challenge findings recorded by Trial Court on those issues on statement of counsel of defendant, was repelled, as finding recorded by Trial Court on those issues could be challenged in appeal in same manner as findings on other issues recorded on basis of evidence on ground that statement made by counsel was erroneous-- Even otherwise concession on point of law, would not be binding on party who had alleged that concession was made by his counsel without his consent or instructions. Punjab Pre-emption Act (I of 1913)--- ----Ss. 4 & 30---Suit for pre-emption ---Limitation---Vendee soon after execution of sale-deed took physical possession of a part of land in question and started cultivating same ---Period of limitation in case had started from date when vendee had taken physical possession of land after execution of sale- deed and not from date when mutation was sanctioned in favour of vendee-- Suit for pre-emption filed long after prescribed period of one year from taking r possession of land by vendee, was rightly found to be barred by time, Allah Wasaya Malik for Appellant. Hakam Qureshi and Agha Taj Muhammad Khan for Respondent. Date of hearing: 21st March, 1993.   JUDGMENT This second appeal filed by the plaintiff in a pre-emption suit is directed against judgment and decree dated 28-7-1981 passed by the learned District Judge, Mianwali, through which the appeal filed by the respondent against the judgment and decree dated 6-12-1980 passed by the trial Court decreeing the suit for pre-emption, has been set aside and suit…