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Ch. RIAZ AHMAD vs MUNIR SULTAN MALIK S — 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 S
Subject matter
Criminal
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

Ch. RIAZ AHMAD VS MUNIR SULTAN MALIK S. 13---Suit for pre-emption---Talbs, performance of---Defects---Contradictions in date of Talb-e-Muwathibat pleaded in the plaint and in the statement of the pre-emptor---Postman not produced---In the present case there were two defects; the date mentioned in the pleadings for gaining knowledge was 2-4-2003 but plaintiff/pre-emptor himself when appearing as his own witness stated the said date was 2-8-2003 while son of the plaintiff narrated it as 2-3-2003---Moreover, the postman had also not been produced to prove the delivery of notice of Talb-e-Ishhad or its refusal by the addressee---Pre-emptor argued that the contradiction in date of Talb-e-Muwathibat was due to a slip of tongue, however he could not answer as to what stopped him from moving the Trial Court for correction of the dates mentioned in his statement and that of his son---Nothing on record was shown that any effort was made in such regard by the pre-emptor before the Trial Court or even before the first appellate court, thus, the interpretation by the first appellate court that it was either a slip of tongue or wrongly recorded testimony was based on findings not permissible under the law---First appellate court did not have the jurisdiction to record such like findings when there was no material for declaring so---Suit for pre-emption was rightly dismissed---Appeal was dismissed.

Other judgments reported in 2022 SCMR

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