MUHAMMAD ISHAQ vs SAHIB ZADA S — 2021 CLC 483 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 483 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: MUHAMMAD ISHAQ vs SAHIB ZADA S
Subject matter: Criminal
Provisions referred to: S. 13---S; S. 115

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD ISHAQ VS SAHIB ZADA S.13---Suit for pre-emption---Contradictory statements---Non-production of postman---Failure to annex documents with the revision petition---Scope---Petitioner assailed the concurrent dismissal of his suit for pre-emption---Petitioner's witness had stated that it was winter season when talb-i-muwathibat was made whereas petitioner had deposed that it was summer season---Petitioner's witness had further stated that he had signed only one notice of talb-i-ishhad whereas there were total eight vendees---Findings of the Trial Court revealed that both the petitioner and respondents had got equal rights in the suit property and the said findings were not challenged by either of them---Photocopies of notices were not appended with the petition, which was one of the requirements of first proviso to S.115, C.P.C.---Record was silent about the acknowledgement-due cards as nothing to this effect was said or placed on file---Revision petition was dismissed, in circumstances.

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