Law: Civil Procedure Code (V of 1908)

Section: 17

Civil Procedure Code, 1908 (V of 1908)-- —O.VI R.17--Pre-emption suit--Amendmeiit of plaint-Prayer for-Apart from express provisions in C.P.C. giving extensive powers to Court to permit amendment, Court is also amply equipped with inherent powers for remedying clerical errors and accidental omissions creeping in pleadings and also in s, orders and decrees—Error was committed by Advocate who could not read correct khasra number given in registered sale deed and mentioned it in plaint as 22 instead of 23—Pre-emptor was not at fault—Moment defect was pointed out in revisional Court, respondent applied for its correction—Held: Error was human and consequently condonable-Amendment allowed and Revision petition dismissed.      [P.248]A JUDGMENT This Civil Revision by the defendants in the .-.uit for pre-emption was against the judgment of the lower Appellate Court by which it had dismissed the appeal and affirmed the judgment of the trial Court decreeing pre-emption in favour of the plaintiff. 2. Pre-emption suit arose from the following facts: Muhammad Din owned land measuring 12 Kanals, Comprised in Khasra No.73/23 of Khatauni No.312, in Khcwat No.70/63 (8 kanals), Khasra No.73/24-min sharq of Khatauni No.315 in Khewat No.71/64 (4 kanals), situate in Chak No.31/22 in Tehsil Okara. By a deed registered on 27.2.1980, he sold the above land to Ilyas, Hassan, Rehmat, Razzaq and Ghulam Muhammad alias Gama sons of Suleman for a price of Rs.10,000/-. Registered sale deed was implemented in revenue records by attestation of mutation No.487 in favour of the vendees. Jan Muhammad claimed pre-emption in respect of the above sale and filed a suit for the enforcement of his pre-emptive rights against the vendees on 8.5.1980, in the Court of Civil Judge Okara. Superior right of pre-emption was claimed on the grounds of being a collateral (nephew of the vendor), and, a co-owner in the land sold. Vendees submitted joint written statement. It was pleaded that plaintiff was estopped to sue for pre-emption; that the plaint was deficiently stamped; that the vendees were in occupation of the land purchased by them as its non-occupancy tenants and had a better right qua…

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