Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. I, R.10 & O.XX, R.10---Qanun-e-Shahadat (10 of 1984), Art. 163---Case fixed for final decision after hearing arguments of parties---Application to implead transferee pendente lite as party with a prayer under Art. 163 of Qanun-e-Shahadat, 1984 to administer oath to parties in this regard---Alleged sale was neither supported by any document nor shown as to when or by which process or against what consideration was finalized---Validity---Plaintiff was not having any positive basis to prima facie indicate creation of such transferee's interest in suit property---Application under Art. 163 of Qanun-e-Shahadat, 1984 was not relating to plaintiff's claim as made in the suit, but was relating to other fact or event relatable to subject of suit---Both such applications were rejected in circumstances. 1987 CLC 2006 ref. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 163---Scope of provisions of Art.163 of Qanun-e-Shahadat, 1984---Such provisions primarily meant in respect of plaintiff's claim as made in the suit, but could not be resorted to in 1especct of any other fact or event relatable to subject-matter of suit. (c) Islamic law---- --- Pre-emption, right of---Classes of persons entitled to claim such right, highlighted. Under Islamic Law, only following classes of persons and no others are entitled to claim pre-emption, namely: (1) a co-sharer in the property, (2) a participator in amenities and appendages, such a right of way or a right to discharge water; and (3) 'owners of adjoining immovable property. The first of these classes excludes the second class, and the second excludes the third one. (d) Qanun-e-Shahadat (10 of 1984)---- ---Art. 133---Ownership of land adjoining to suit-land, claim of---Non-production of document of title or Revenue Record, but only plaintiff's oral assertion in respect of such claim---Failure of defendant to challenge such position during cross-examination of plaintiff---Effect---Defendant would be deemed to have admitted such claim of plaintiff. (e) Islamic law--- ---- Pre-emption ---Pre-emptor's claim of his being owner of land adjoining to suit-land---Proof---Statement of one witness…

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