Law: Civil Procedure Code (V of 1908)

Section: O.VI,r.14

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Civil Procedure Code (V of 1908)---O. VI, r. 14-Failure to sign plaint-Plaintiffs all along prosecuting heir suits with diligence and also appearing as their own witnesses-on-signing of plaint by plaintiffs at proper stage in such circum- lances, held, a mere irregularity-District Judge entirely justified directing rectification of such irregularity-Defendant's counsel 'so not able to show as to how such irregularity prejudiced defendant-Objection, hence, only technical particularly when substantial justice done between parties.-[Plaint] (b) Constitution of Pakistan (1973)-- ---Art. 185(3)-Leave to appeal-Objection that a part of land in dispute having belonged to Municipality, hence no decree of pry emption could be granted in favour of petitioners raised for first time in Supreme Court-Objection evidently involving inquiry into facts, held, cannot be permitted to be raised in Supreme Court for first time. ORDER G. SAIDAR SHAH, J.--The dispute in this case relates to112 kanals and 14 marlas of land situate at Zafarwal, Tehsil Narowali, District Sialkot. The land in question was sold to the petitioners. But in order to pre-empt the sale transaction the respondents filed two suits against him on the ground that being co-sharers in the khata, they had the superior right. Vide his judgment dated 28-7-19.75, however, the learned trial Judge dismissed the suits of the respondents on the ground that they had neither signed the plaint nor had verified the same. Against the judgments of the trial Judge, the respondents went in appeals to the Court of the District Judge, who allowed the same and remanded the cases to the learned trial Judge to get the plaints signed and verified by the respondents. On receipt of the cases on remand, the learned trial Judge, vide his judgments, dated 21-2-1978, complied with the said directions given to him by the District Judge, and thereafter decreed the suits of the respondents. Being aggrieved, the, petitioners…

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