| Case ID |
14bff19a-eef3-404c-a89e-c424715ea752 |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No. 444 of 2011 |
| Decision Date |
Nov 21, 2013 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the civil revision filed by the petitioners against the judgment and decree of the District Judge, which had upheld the trial court's ruling in favor of the respondent, Mst. Bivi. The court found that the petitioners' objections regarding the evidentiary value of witness statements recorded on solemn affirmation rather than oath lacked merit. The court emphasized that no prejudice was demonstrated as a result of this recording method. The High Court also noted that the plaintiff's non-appearance during the affirmative evidence phase was not fatal to her case, as her right to appear was reserved. The court upheld the finding that the plaintiff had proven her case within the limitation period set by the Punjab Pre-emption Act, leading to the dismissal of the revision as not maintainable under law. |
| Summary |
In the case of Civil Revision No. 444 of 2011, the Lahore High Court addressed issues surrounding the right of pre-emption under the Punjab Pre-emption Act, 1913. The case involved a dispute between GHULAM MURTAZA and others (petitioners) against Mst. Bivi and others (respondents) regarding a land sale. The petitioners contested the validity of the trial court's ruling, arguing that witness statements were not taken on oath, thus voiding their evidentiary value. However, the court found that no prejudice resulted from this procedural issue. The court also noted that the plaintiff's timely filing of the suit fell within the one-year limitation period set by the Act. The ruling reinforced the importance of procedural adherence while ensuring that substantive justice prevails, especially in long-standing property disputes. The decision highlights the court's reluctance to disturb concurrent findings of fact by lower courts, emphasizing judicial economy and the resolution of disputes. This case serves as a pertinent reference for legal practitioners dealing with pre-emption rights and procedural compliance in civil litigation. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AMIN-UD-DIN KHAN, J
|
| Lawyers |
Muhammad Shehzad Shaukat for Petitioners,
Sheikh Naveed Shehryar for Respondent
|
| Petitioners |
GHULAM MURTAZA and others
|
| Respondents |
Mst. BIVI and others
|
| Citations |
2015 SLD 390 = 2015 CLC 166
|
| Other Citations |
Shamsher Ali v. Mst. Qaim Khatoon alias Irshad Bibi and others PLD 1997 SC 559,
Muhammad Aslam and others v. The State 1999 SCMR 845
|
| Laws Involved |
Punjab Pre-emption Act, 1913
|
| Sections |
21,
30
|