| Case ID |
3249d10a-4ff5-41a8-939d-bf44e7d9599d |
| Body |
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| Case Number |
Civil Appeal No. 1004 of 1999 |
| Decision Date |
Oct 27, 1999 |
| Hearing Date |
Oct 27, 1999 |
| Decision |
The appeal was allowed, and the impugned judgment of the Lahore High Court dated 14-5-1997 was set aside. The Supreme Court ruled that the requirements of 'Talab-i-Muwathibat' did not necessitate specific details of date, time, and place in the plaint. The concurrent findings of the trial and appellate courts regarding the fulfillment of Talabs were upheld. The plaintiff's references to the making of Talabs were deemed sufficient, and the courts below had not committed material irregularities in their judgments. As a result, the plaintiff's suit for pre-emption was reinstated. |
| Summary |
This case revolves around the interpretation of the Punjab Pre-emption Act (IX of 1991), specifically focusing on the requirements of Talab-i-Muwathibat in pre-emption suits. The Supreme Court of Pakistan addressed whether the plaint in a pre-emption suit must detail the date, time, and place of Talab-i-Muwathibat and the names of witnesses present. The Court determined that while material facts must be pleaded, the law does not require exhaustive details or witness names. The judgment highlighted the principle of liberal construction of pleadings, emphasizing that the plaintiff's references to the Talabs were adequate. The decision underscored the importance of the trial court's and appellate courts' concurrent findings, which were based on evidence presented, thereby reinstating the plaintiff's right to pre-empt the sale in question. This ruling clarifies the procedural requirements for pre-emption suits and reinforces the standards for judicial review under the Civil Procedure Code. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAIDUZZAMAN SIDDIQUI, C.J.,
IRSHAD HASAN KHAN,
MUNAWAR AHMED MIRZA
|
| Lawyers |
Malik Abdul Wahid, Advocate Supreme Court,
Syed Abdul Aasim Jafri, Advocate-on-Record (absent),
Sh. Izharul Haq, Advocate Supreme Court,
Tanvir Ahmed, Advocate-on-Record (absent)
|
| Petitioners |
Haji Noor Muhammad
|
| Respondents |
2 others,
ABDUL GHANI
|
| Citations |
2000 SLD 759,
2000 SCMR 329,
2000 SLD 1171
|
| Other Citations |
Shafi Muhammad v. Muhammad Hazar Khan and others 1996 SCMR 346,
Khani Zaman v. Shah Hussain and others PLD 1998 SC 121,
Muhammad Ilyas v. Ghulam Muhammad and another 1999 SCMR 958,
Amir Jan and 3 others Haji Ghulam Muhammad PLD 1997 SC 883
|
| Laws Involved |
Punjab Pre-emption Act (IX of 1991),
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908)
|
| Sections |
13,
185(3),
O. VI, R.5,
S.115
|