Law:

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(a) N.-W. F. P. Pre-emption Art (XIV of 1950)-- ---S. 5 (d) -- Civil Procedure Code (V of 1908), O. VI, r. 17­Mere fact that instead of own occupation" (as laid down in S. 5 (d), petitioner has used words "personal use" in petition, would not disentitle him to permission to amend his written statement-Words "own occupation" and "personal use" have marked similarity and convey one and same meaning and purpose.-[Words and phrases­ Plaint]. (b) Civil Procedure Code (V of 1908)- -- O. VI, rr. 2, 3 & 17-Pleadings-Courts of law who are called upon to administer justice should not be swayed by inartistic or defective construction of pleadings-Courts should rather follow intention of parties and spirit of law-[Pleadings]. (c) N.-W. F. P. Pre-emption Act (XIV of 1950)- -- S. 5 (d) -Exemption of property-Right to claim exemption by petitioner existed at time of institution of suit-Such right would not affect rights of respondent pre-emptor. JUDGMENT Fazal Rehman plaintiff-respondent filed a suit for possession of a house situated in village Prang Yasinzai, Kandi Amokhel, Tehsil Charsadda through pre-emption on the payment of sum of Rs. 3,000 towards its price. The suit was contested by the petitioner and other defendants and the learned Civil Judge Charsadda vide his judgment dated 3-10-1979 decreed the suit of the plaintiff-respondent on payment of Rs. 3,003. 'this decree was challenged by the petitioner before the learned Additional District Judge Charsadda who through his order dated 1-4-1981 set aside the judgment and decree of the trial Court and remanded the case to the trial Court to .frame issues according to the pleadings of the parties and decide the suit afresh. During the pendency of the appeal the petitioner on 3-4-WO had moved an application with a prayer that he should be allowed to amend the written statement so as to specifically raise the plea of exemption under section 5 (d) of the N.-W. F. P. Pre-emption Act. No. order seems to have been passed on this application excepting the order dated 1-4-1981. This order was impugned by Fazal Rehman plaintiff by way of revision petition in the High Court which was accepted by this Court on 6-2-1983 and the…

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