Plaint nor in the notice talb-e-ishhad as such, meaning thereby he was not present at the time of making of talb-e-muwathibat,

3. Learned counsel for the petitioner/defendant has argued that impugned judgments and decrees are result of misreading and non-reading of evidence on record. The preemptors have failed to substantiate their stance by producing two truthful witnesses as per mandate of section 13 of the Punjab Pre-emption Act, 1991 as Fazal Elahi, the other witness was not produced. Moreover, Muhammad Rasheed (P.W.7) deposed during his deposition that he alongwith his father made talb-e-muwathibat, but neither his name is depicted in the plaint nor in the notice talb-e-ishhad as such, meaning thereby he was not present at the time of making of talb-e-muwathibat, therefore, his statement is inadmissible in evidence but this aspect of the case has been ignored totally by the learned Courts below. Furthermore, there is no special power of attorney on behalf other legal heirs in favour of Muhammad Rasheed (P.W.7) as has been stated by him and the amended plaint has not been signed by all the legal heirs, so the requirements of provisions of Order VI, Rule 14 of the C.P.C. are missing, thus, the suit ought to have been dismissed instead of decreeing the same. There are material contradictions in the statements of the witnesses, but the same have been ignored and on the basis of surmises and conjectures, the impugned judgments and decrees have been passed, which resulted in miscarriage of justice. Both the learned Courts below while passing the impugned judgments and decrees have committed procedural and substantive illegalities and irregularities; hence, they have failed to exercise vested jurisdiction in accordance with law. Therefore, by allowing the civil revision (No.2301 of 2011), the impugned judgments and decrees may be set aside and suit instituted by the respondents/plaintiffs may be dismissed. Relies on Humayun Naseer Cheema and 3 others v. Muhammad Saeed Akhtar and others (2007 CLC 819-Lahore), Muhammad Hussain and others v. Ehsan Ullah (2008 MLD 382-Lahore), Jamal Din and others v. Muhammad Ishaq (2010 MLD 743-Lahore), Ghafoor Khan (deceased) through LRs. v. Israr Ahmed (2011 SCMR 1545) and Muzaffar Hussain v. Mst. Bivi and 7 others (PLD 2012 Lahore 12). 

 Part of Judgment 

IN THE LAHORE HIGH COURT, LAHORE.

Civil Revision-Civil Revision(Against Decree)-Pre-emption
2301-11

2017 LHC 986