Law:

Section:

Civil Procedure Code (V of 1908)-------Ss.151, 152 & 153---Amendment of ---Court in its order had written that pre-emptors being owners in estate had superior right of pre­emption ---Petitioner/vendee through his application filed by him under Ss.151, 152 & 153, C.P.C., had sought to delete said qualification of pre-emptor--­Section 152, C.P.C. has permitted correction of clerical or arithmetical mistakes or errors arising by accidental slip or omission---No amendment of proposed type was permissible under S.152 or 153, C.P.C.---Application filed by petitioner/vendee, being not maintainable, was dismissed. Muhammad Jalat Khan and another v. Ghulam Sarwar represented by Legal Heirs and 3 others 1986 CLC 552; Sarwar Khan v. Meer Khan and 10 others 1980 CLC 110; Haji Ishtiaq Ahmad and 2 others v. Bakhshaya and 7 others 1976 SCMR 420; Master Ghulam Rasool v. Additional District Judge, Lahore and another PLD 1982 Lah. 303 and Nizam Din and 13 others v. Chaudhry Muhammad Saeed and 7 others 1987 CLC 1682 ref. JUDGMENT Evidenced through Mutation No.65 attested on 23-10-1971 Muhammad Yaqoob petitioner purchased the landed property comprising an area of 39 Kanals end 7 Marlas of land situated in Khewat No.42, Khatauni No. 121. Chak No.14/8-R, District Khanewal. On the basis of their superior pre-emptive right the respondents/plaintiffs filed their suit to obtain a decree for possession through pre-emption. They based their better qualification by making the averment in para. 5 of the plaint as under:--- The suit was decreed on 10-5-1986. The appeal preferred by Muhammad Yaqoob petitioner/vendee was dismissed by the learned Additional District Judge on 9-9-1989. Before that learned Court an application for permission to produce the additional evidence was filed which was not disposed of. Regular Second Appeal No.70 of 1989 was preferred by Muhammad Yaqoob appellant/petitioner against the pre-emptors. The same was resisted by the pre­emptors. My learned brother Mian Saeed-ur-Rehman Farrukh, J. (as he then was) held that the judgment of the first Appellate Court was liable to be set aside as the application moved for additional evidence was not decided. Consequently…

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