Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)-.----S. 15---Oanun-e-Shahadat (10 of 1984), Art. 163---Suit for pre-emption­ Rival pre-emptors and vendee making statement in Court that if Court visited the place in question, for on the spot inspection, parties would be bound by this decision of the Court---Court in pursuance of such agreement visited spot and instead of making any observation with regard to local inspection it examined parties on oath and decided rival suits of pre-emptors --- Appellate Court however, remanded case for decision afresh on merits---Validity---When parties choose deviation from normal course of proving case by producing­ evidence in Court, they could not resile or fee( aggrieved against the procedure adopted by the Court by undertaking factual enquiry on the spot and giving decision based thereon---Trial Court, however, was not acting as referee as circumstances of case indicated for decision of the rival claims of pre-emptibility but was acting as a referee only on those matters which could be resolved by spot inspection viz. question of improvements etc: --Finding of Trial Court on issue of improvement on basis of on the spot inspection were thus, immune from challenge in appeal---Other issues relating to limitation, pre-emptibility and conduct of pre-emptors still required to be gone into before passing the decree---Appellate Court was correct in setting aside decision of Trial Court on such matters---Issues relating to conduct of parties and improvement decided by Trial Court being immune from challenge and decree of Appellate Court was modified to that extent and case was remanded to Trial Court for decision afresh on merits relating to other issues apart from issue, relating to improvements by vendee and conduct of parties. Muhammad Itbar Khan v. Fazal Hussain and 3 others PLD 1990 Lahore 116; Muhammad Ijaz and 3 others v. M. Khurshid Malik and 4 others 1986 CLC 2270; Sajjad Hussain v. Musarat Hussain Shah and others 1989 SCMR 1826 and Muhammad Hanif Khan and another v. Ghulam Farid Khan and another PLD 1988 Lah. 250 ref. (b) Practice and procedure--- ---- Where parties choose deviation from normal course of proving case by producing…

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