| Case ID |
2147eaae-9230-44a6-8c4c-64a9581f46fd |
| Body |
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| Case Number |
Writ Petition No.12844 of 2011 |
| Decision Date |
Nov 06, 2012 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the petition filed under Article 199 of the Constitution of Pakistan, challenging the orders of the trial and appellate courts. The petitioner failed to include essential details of the Talb-i-Muwathibat in the plaint, which are mandatory under Section 13 of the Punjab Pre-emption Act, 1991. The court held that the omission of these details was fatal to the pre-emption suit and could not be rectified through an amendment request under Order VI, Rule 17 of the Civil Procedure Code. The decision emphasized the importance of strict adherence to the statutory requirements for pre-emption claims, reinforcing that the right of pre-emption is weak and requires precise compliance with legal formalities. |
| Summary |
This case revolves around the application of the Punjab Pre-emption Act, 1991, particularly Section 13, which mandates specific details regarding Talbs in pre-emption cases. The Lahore High Court ruled on the inability of the petitioner to amend the plaint to include the date, time, and place of Talb-i-Muwathibat. The ruling clarified that such omissions are fatal and cannot be cured by subsequent amendments, underscoring the stringent requirements for pre-emption rights under the law. The court cited precedents, including Mian Pir Muhammad v. Faqir-Muhammad and Mst. Bashiran Begum v Nazar Hussain, to support its decision. The case highlights the necessity for petitioners to meticulously follow legal provisions to avoid dismissal of their claims. This precedent serves as a critical reminder of the judicial interpretation of pre-emption laws in Pakistan, providing insights for future litigants and legal practitioners in similar cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD FARRUKH IRFAN KHAN, J
|
| Lawyers |
Malik Junaid Farooq,
Sh. Habib-ur-Rehman
|
| Petitioners |
ASHIQ MUHAMMAD KHAN
|
| Respondents |
4 others,
ADDITIONAL DISTRICT JUDGE, MUZAFFARGARH
|
| Citations |
2013 SLD 777,
2013 CLC 1033
|
| Other Citations |
Mian Pir Muhammad v. Faqir-Muhammad PLD 2007 SC 302,
Mst. Bashiran Begum v Nazar Hussain and another PLD 2008 SC 559,
Karamat Ali Shehbaz v. Muhammad Zulqarnain PLD 2009 Lah. 356
|
| Laws Involved |
Punjab Pre-emption Act, 1991,
Civil Procedure Code (V of 1908)
|
| Sections |
13,
O.VI,R.17
|