Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)--S.13---Constitution of Pakistan (1973), Art. 185(3)---Talab-i-Muwathibat, requirements of---Leave to appeal was granted by Supreme Court to consider the points as to whether it was mandatory to give, in the plaint for a suit for possession by pre-emption, the particulars and details of the date, time and place of Talab-i-Muwathibat and also the names of the witnesses in whose presence said Talab was made and whether the High Court was legally competent and justified to set aside the agreed decision, on a question of fact, of the Appellate and Trial Courts to the effect that the requirements of "Talab-i-Muwathibat" had been fulfilled before the suit was instituted---Differences of opinion on disputed points by the Supreme Court Benches having been noted, larger Bench of the Supreme Court was urged to be constituted by the Chief Justice at an early date on account of urgency involved in the matter. (b) Punjab Pre-emption Act (IX of 1991)--- ----S.13---Requirements of Talab-i-Muwathibat in a pre-emption suit--­Pleading of the suit may refer to the material facts but law does not require the pleadings to contain gist of all the facts and names of the witnesses of plaintiff and suit for pre-emption is not an exception to such general principle---Contention that the requirements of Talab-i-Muwathibat could not be fulfilled unless details, particulars, date, time and place were specifically mentioned in the plaint and the names of the persons in whose presence such Talab was made were also mentioned therein, was repelled. Shafi Muhammad v. Muhammad Hazar Khan and others 1996 SCMR 346 and Khani Zaman v. Shah Hussain and others PLD 1998 SC 121 distinguished. Muhammad Ilyas v. Ghulam Muhammad and another 1999 SCMR 958 and Amir Jan and 3 others Haji Ghulam Muhammad PLD 1997 SC 883 ref. (c) Punjab Pre-emption Act (IX of 1991)-- ----S. 13---Civil Procedure Code (V of 1908), O. VI, R.5---Pre-emption suit---Requirements of Talabs---Plaintiff had specifically referred in the plaint to the two Talabs having been made---Plaintiff could not be non-suited merely on the ground that other details of time and place to the Talabs, and names of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492