Law:

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(a) Azad Jammu and Kashmir Right of Prior Purchase Act, 1993 (BK.)-------Ss. 6 & 14---Civil Procedure Code (V of 1908), O.VI, R.17---Suit for pre-emption ---Superior right of pre-emption ---Amendment in plaint--­Plaintiff in his plaint had based his claim of superior right of pre-emption on three qualifications viz.; Shafi Shareek, Shafi Khaleet and Shafi Jar--­Said qualifications were recognized only under amended law of pre­emption which came into force in Azad Jammu and Kashmir on 13-3-1993 whereas present suit had been brought on 18-1-1993 which showed that pre-emption suit was instituted before the enforcement of amended law---Validity---Pending pre-emption cases were to be decided in the light of the old law governing pre-emption matters---When the Appellate Court observed that suit filed by plaintiff was required to be adjudicated upon according to the old law, plaintiff by sensing his ultimate failure had resorted to amendment in the plaint by inserting word `Mohal' in the same---If proposed amendment was allowed after expiry of limitation, it would amount to add or place a fresh ground not specifically taken in the pleadings and it would certainly change cause of action which was not permissible under law--­Amendment application was disallowed, in circumstances--­Qualifications on basis of which present suit had been brought, being not recognized by old law, suit filed by plaintiff had been rightly disallowed by Appellate Court. Noof Muhammad's case PLD 1987 Lah. 473; Muhammad Khan's case 1999 YLR 1308; Azad Khan's case PLD 1971 Azad J&K 49; 1996 CLC 480 and Muhammad Iqbal's case PLD 1987 Azad J&K 170 ref. (b) Civil Procedure Cod (V of 1908)--- ----.O. VI, R. 1-Pleadings---Pleadings were always looked into as a whole to ascertain the real controversy between the parties. Sardar Shamshad Khan for Appellant. Sardar Suleman Khan for Respondents. ORDER This appeal arises out of the, following facts: The appellant Muhammad Yousaf brought a pre-emption suit against respondents Muhammad 'Aslam and another in the Court of Civil Judge, Hajira regarding Survey Nos.82, 86, 87 and 84. It was averred in the plaint that vendor Muhammad Farooq transferred…

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