Law: Punjab Pre-emption Act (I of 1913)

Section: 15

Law: Civil Procedure Code (V of 1908)

Section: O.VI, R.17

Punjab Pre-emption Act (I of 1913)-------S. 15---Civil Procedure Code (V of 1908), O.VI, R.17---Amendment of plaint---Validity---Suit for pre-emption ---Plaintiff's pre-emptive right was based on ground of being owner in Shamlat Deh---Plaintiff, after lapse of about two years filed application for amendment of plaint in order to add new ground of pre-emption which was allowed by Trial Court---Plaintiff's suit was however, dismissed---Appellate Court allowing plaintiff's appeal decreed his suit--�Validity---Omission of the ground sought to be added through amendment of plaint was neither accidental nor due to slip of pen; had it been so then on objection raised in written statement that mere co-ownership in Shamlat Deh did not furnish valid ground for pre-emption, plaintiff should have at once conceded correctness of objection and sought amendment of plaint---Plaintiff in his replication insisted that averments already made in plaint were correct---Plaintiff ultimately came forward with application for amendment of plaint after lapse of about two years when valuable rights in land in question had accrued to defendants---Trial Court, thus, clearly acted illegally and with material irregularity in allowing amendment of plaint---Trial Court's order allowing amendment of plaint was set aside---Finding of Appellate Court on issue of superior right of pre-emption whereby plaintiff's such right was accepted. was reversed and its and decree based on such issue was set Aside--�Plaintiff's superior right of pre-emption on ground of ownership in Shamlat Deh being not recognized in Punjab Pre-emption Act, 1913, his suit was dismissed in circumstances.Shah Muhammad and others v. Hayat and others PLD 1960 (W.P.) Lah. 975; Bahadur Shah and 2 others v. Sharaf and 9 others PLD 1973 Lah. 513 and Muhammad Muzaffar Khan v. Muhammad Yusuf Khan PLD 1959 SC (Pak.) 9 ref.JUDGMENT This k.S.A. arises out of a suit for pre-emption filed by the respondent on 2-9-1972 in the Civil Court, Chakwal, claiming pre-emptive right on the ground of being owner in the Shamlat Deh. The disputed land measuring 18 Kanals 12 Marlas comprising Khasra No.307-, Khewat No.87, Khatuni No.203 situated…