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MUHAMMAD SYED ALI SHAH vs Syed NOOR DIN SHAH S — 2022 CLC 127 PESHAWAR-HIGH-COURT

Case information

Citation
2022 CLC 127 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
CLC
Parties
MUHAMMAD SYED ALI SHAH vs Syed NOOR DIN SHAH 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

MUHAMMAD SYED ALI SHAH VS Syed NOOR DIN SHAH S.13---Suit for pre-emption---Description of property, inadvertent/clerical mistake in---Property numbers written in Urdu numbering were wrongly given in notice of Talb and plaint--­-Courts below dismissed the suit---Validity---Description of property was mentioned in plaint---Copy of registered deed was annexed with the plaint---Vendee had never denied the factum of purchase of property through the said deed---Description of property was written in registered deed in Urdu numbers on basis of which notice of Talb-i-Ishhad was issued and plaint was drafted---All other numbers were in English---Neither the officials of revenue hierarchy nor lawyers could read or write Urdu and Persian numbers nowadays, nor those were taught in schools---Scribe of plaint and notice of Talb-i-Ishhad had inadvertently read the numbers in Urdu in registered deed "22" as "44" with respect to its similarity/resemblance---Law required the adjudication on merits rather than technicalities---Revision petition was allowed with cost and suit was deemed pending before Trial Court. Head Notes

Other judgments reported in 2022 CLC

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