JAMSHED vs NOOR HAYAT S — 2021 CLC 637 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 637 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: JAMSHED vs NOOR HAYAT S
Subject matter: Civil
Provisions referred to: S. 13---S

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

JAMSHED VS NOOR HAYAT S. 13---Suit for pre-emption---Talb-e-Muwathibat made in presence of single person at a gathering (majlis)---Legality---Talb-e-Muwathibat could validly be made in presence of "single" person ---Neither Islamic Law nor the Legislature had intended that the Talb-e-Muwathibat should have been made in presence of more than one person as the gathering, meeting, majlis or sitting could be of only two persons i.e. the pre-emptor and the informer ---Plaintiff, in the present case, had averred in the plaint that he made Talb-e-Muwathibat in the presence of the informer alone whereas in his statement he introduced yet another person/witness, which was against the pleading, as such the same was not in consonance with law on the said subject---Suit was rightly dismissed.

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