Ch. RIAZ AHMAD vs MUNIR SULTAN MALIK Ss — 2022 SCMR 667 SUPREME-COURT

Case information

Citation: 2022 SCMR 667 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: SCMR
Parties: Ch. RIAZ AHMAD vs MUNIR SULTAN MALIK Ss
Subject matter: Criminal

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

Ch. RIAZ AHMAD VS MUNIR SULTAN MALIK Ss. 5 & 13--- Suit for pre-emption--- Pre-requisites---Talbs, performance of---Proof---To succeed in a suit for pre-emption the first and foremost condition was that plaintiff had to plead that before filing of suit he had fulfilled the requirements of Talabs and thereafter he had to prove the performance of Talb-e-Muwathibat and Talb-e-Ishhad---For proving Talb-e-Muwathibat there must be specific time, date and place of knowledge pleaded in the plaint as well as in the notice of Talb-e-Ishhad---Thereafter plaintiff was required to prove the same by proving the gaining of knowledge at specific place, time and date followed by sending of notice attested by two truthful witnesses through registered post where the postal facilities were available and thereafter to prove the delivery of notice to the addressee/vendee/Âdefendant or its refusal by producing a Postman in the Court while producing evidence to prove the pleadings.

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