Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. VIII, R.13---List of legal representatives---Scope---Non-filing of such list---Effect---Defendant is under legal obligation to file list of legal representatives along with his written statement and to nominate a person to intimate court, of fact of death of defendant and to furnish court with necessary particulars and addresses of his legal representatives and also to make application for their substitution in view of O.VIII, R.13 C.P.C.---Non-compliance of O.VIII, R.13, C.P.C. authorizes court to proceed with suit, notwithstanding death of such defendant---Even if legal representatives of dead party are not impleaded in petition, the same would not be fatal to the proceedings. Sakina Bibi v. Muhammad Nawaz 2000 SCMR 1051 and Nazir Ahmad Khan v. Muhammad Shaukat Khan -1999 MLD 1193 rel. (b) Administration of justice--- ----Each and every case is to he decided on its own peculiar facts and circumstances. Muhammad Saleem's case 1994 SCMR 2213 rel. (c) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Right of pre-emption, exercise of---Talb-i-Muwathibat --Time, date and place---Non-appearance of pre-emptor in witness box---Effect---Suit filed by pre-emptor was contested by his attorney, who appeared as witness on behalf of pre-emptor---Plaint filed by pre-emptor did not contain time, date and place of making Talb-i-Muwathibat---Trial Court and Lower Appellate Court concurrently decreed the suit in favour of pre-emptor---High Court, in exercise of revisional jurisdiction, modified the judgments and decrees passed by two courts below only to the extent of sale consideration---Plea raised by vendees was that neither time, date and place of making of Talb-i-Muwathibat was mentioned in the plaint nor pre-emptor himself appeared as witness---Validity---Furnishing of date, time and place in plaint was necessary to establish performance of Talb-i-Muwathibat---Plaint wherein Such date, time and place of Talb-i-Muwathibat and date of issuing notice of performance of Talb-i-Irshad in terms of S.13 of Punjab Pre-emption Act, 1991, was not provided, would be fatal to the pre-emption suit---Pre-emptor did not appear before Trial…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492