Citation Name: 2023 CLC 1208 PESHAWAR-HIGH-COURTBookmark this Case AMIR ZADA vs Mir DILAWAR S

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Citation Name: 2023 CLC 1208 PESHAWAR-HIGH-COURTBookmark this Case AMIR ZADA VS Mir DILAWAR S.13---Suit for pre-emption---Rival claims---Counsel and client---Conflict of interest---Same advocate filed two suits for rival pre-emptors against each other---Effect---There was conflict of interest of both the pre-emptors---Witnesses in both rival suits were cross-examined by same advocate---Rival pre-emptors could not engage one and the same counsel keeping in view their clash of interest--- Pre-emptors failed to prove their respective cases in consonance with law---Suits filed by pre-emptors were dismissed---Revision was allowed. Citation Name: 2023 CLC 1208 PESHAWAR-HIGH-COURTBookmark this Case AMIR ZADA VS Mir DILAWAR Ss.13 & 20---Civil Procedure Code (V of 1908), S.115---Suit for possession through pre-emption---Talb-i-Muwathibat---Pre-emptor not appearing in witness box---Effect---Suits filed by rival pre-emptors were dismissed by Trial Court but Lower Appellate Court allowed the appeals and decreed the suits under the provisions of S.20 of Khyber Pakhtunkhwa Pre-emption Act, 1987---Validity---Power of attorney did not reflect a valid reason which could be considered as a justification for appearing of attorney for pre-emptors instead of their personal appearance in witness box---No plausible reason or explanation was mentioned in power of attorney---Attorney was allegedly witness of Majlis where first Talb was made by pre-emptors and said attorney could depose to substantiate contentions of pre-emptors---Without any valid reason or justification attorney could not appear as witness to prove Talb-i-Muwathibat by pre-emptors---Both pre-emptors did not explain in plaint that who made Talb-i-Muwathibat first followed by the latter---Pre-emptors were required to make a specific reference pertaining to date, time and place of their Talb---Due to non-appearance of pre-emptors personally in witness box and that too without any valid reason/justification, they failed to make Talb-i-Muwathibat, which was root for suit of pre-emption---High Court in exercise of revisional jurisdiction set aside findings of Lower Appellate Court as the same were result of misreading and non-reading of record/evidence and misapplication of law and dismissed the suits filed by respondents/pre-emptors---Revision was allowed, in circumstances.

Citation Name: 2023 CLC 1208 PESHAWAR-HIGH-COURTBookmark this Case AMIR ZADA vs Mir DILAWAR S — 2023 CLC 1208 PESHAWAR-HIGH-COURT

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