Law:

Section:

North-West Frontier Province Pre-emption Act (IV of 1987)---------Ss. 6 & 13---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Suit for pre-emption---Precluding plaintiff from recording his statement---Issues, were framed and on behalf of plaintiff his son appeared and deposed about various 'Talbs' made by his father/plaintiff---On completion of evidence of parties, an application was filed on behalf of plaintiff that he himself be allowed to give evidence in respect of 'Talbs' made by him---Defendants raised objection that plaintiff having duly authorized his son through a valid special power of attorney to give statement at the trial on his behalf, no need or requirement of law existed to allow plaintiff to re-correct facts which, he had already deposed through his duly appointed attorney---Contention of plaintiff was that no power of attorney was given by him to his son--­Without, going into the controversy as to whether son of plaintiff was duly authorized through a special power of attorney to depose on behalf of plaintiff or not it would be suffice to say that if said power of attorney was treated to have been executed, same would be treated as useful to the extent of "Talb-i-Khasumat" only and not to extend raising other 'Talbs' i.e. 'Talb-i-Muwathibat' or 'Talb-i-Ishhad' as 'Talb-i-­Muwathibat' was purely an act of personal nature, which could only be described amicably by party itself and not by person holding power of attorney on his behalf---Attorney of plaintiff could not at least raise 'Talb-i-Muwathibat' on behalf of his father/plaintiff---Trial Court allowed plaintiff to record his evidence, but on filing revision against order of Trial Court, Revisional Court precluded plaintiff from recording of his statement---Validity---Technical effect of examination of plaintiff at a latest stage of proceedings, if any, being a procedural matter, should not be so seriously pressed into service, as had been done by Revisional Court, so as to result in defeating material right of plaintiff and that too in a case of right of pre-emption, concerning with performance of 'Talb­i-Muwathibat'--- Order of revisional Court was set aside and…

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