Law:

Section:

Punjab Pre-emption Act (I of 1913)--- ---S. 15---Civil Procedure Code (V of 1908), O.VI, R.17 & S.115---Preemption suit ---Misdescription of one of the Khasra numbers detected at revisional stage ---Pre-emptor's application for amendment of plaint for correction of specific Khasra number---Neither any doubt nor dispute existed about the land sold by vendor to vendees---Not only registered sale-deed by which land sought to be pre-empted was conveyed was produced in evidence, but also copies of extracts from register Khasra Girdawari relating to land in question, were tendered in proof and marked exhibits on either side ---Vendees neither raised any objection regarding misdescription of land purchased by them in written statement nor pointed out such defect in lower Appellate Court---Court, apart from express provisions in Civil Pr6cedure Code, 1908, diving extensive powers to it to permit amendment for meeting ends of justice in variety of circumstances, was also amply equipped with inherent powers for remedying clerical errors and accidental omissions creeping in pleadings, as also in its s, orders and decrees---Error of mis description was a pardonable fault excusable in circumstances of case---Neither culpable negligence nor any mala fides was involved in the case--Error was committed by counsel who could not read the correct Khasra number given in the registered sale-deed; pre-emptor was not at fault by handing over papers to counsel and reposing confidence in him---At the very moment defect was pointed out in revisional Court, pre-emptor applied for its correctness--Having regard to the nature of correction sought to be made, no serious or un surmountable hurdle existed to bar the exercise of correctional jurisdiction and allowing error to be remedied as prayed---Correct Khasra number was allowed to be substituted in plaint, and decree of Trial Court ---Vendees' revision against s of Courts below was dismissed. Sattan v. Islamuddin and 6 others 1982 CLC 289 and Jalal Din v. Muhammad Aslam and 2 others 1982 CLC 1282 ref. Ghulam Nabi v. Sardar Nazir Ahmad 1985 SCMR 824 rel. JUDGMENT This Civil Revision by the defendants in the suit for pre-emption was…

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