Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)-------Ss. 4, 15 & 21---Suit for pre-emption ---Suit filed by plaintiff through her brother as her general attorney was resisted on ground that same was not properly instituted---Power of attorney on basis of which suit was filed through general attorney was executed by plaintiff at time when land in dispute was not even purchased by the vendees---General attorney, in circumstances, had no authority to file suit against vendees---General attorney being not properly constituted attorney of plaintiff to file the suit, it was incumbent upon plaintiff to appear in Court in support of her plaint, failing which the inference could be drawn against pre-emptor particularly when specific objection was taken by the defendants that the plaint had not been signed by the plaintiff herself---Plaintiff having failed to put herself in the witness-box for cross-examination on the facts alleged in the plaint, there was strong possibility to discredit the truth of her case---Plaint having not been instituted under the proper authority, findings of Courts below that suit was properly instituted, were erroneous and not sustainable under the law. Murid Hussain and others v. Muhammad Sharif and another 1996 AC 299; Gul Taj Begum v . Lal Iqbal Hussain PLD 1980 SC (AJ&K) 60; Feroz Khan and others v. Mst. Waziran Bibi 1987 SCMR 1647; PLD 1985 SC 345; Qadir Bakhsh v. Kh. Nizam-ud-Din PLD 1997 SC 1267; 1995 CLC 1541 and 1996 CLC 161 ref. (b) Punjab Pre-emption Act (I of 1913)--- ----Ss. 4, 15 & 21---Suit for pre-emption ---Partial pre-emption--­Maintainability of suit---Plaintiff had sought decree only for 422 Kanals and 17 Marlas out of 434 Kanals and 17 Marlas---Suit was hit by partial pre-­emption--Pre-emptor had to sue for whole of the property under sale and when departure was made from that rule, the suit would not be maintainable. Mst. Imam Hussain v. Sher Ali Shah 1994 SCMR 2293; 1998 SCMR 1195 and 1990 CLC 1580 ref. (c) Civil Procedure Code (V of 1908)--- ----O. VI, R. 17---Amendment of pleadings---Allowing the amendment in a casual manner was not legal. (d) Punjab Pre-emption Act (I of 1913)--- ----Ss. 3(1), 4, 15 & 21---Suit…

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