AHMED YAR vs CHAN PIR SHAH Ss — 2025 CLC 259 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 CLC 259 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: CLC
Parties: AHMED YAR vs CHAN PIR SHAH Ss
Subject matter: Civil
Provisions referred to: S. 13; Civil Procedure Code (V of 1908)

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

AHMED YAR VS CHAN PIR SHAH Ss.3, 13 & 14---Qanun-e-Shahadat (10 of 1984), Art.71---Civil Procedure Code (V of 1908), O.XXXII---Suit for possession through pre-emption---Talbs made by brother of minor plaintiff/shafi without being appointed as legal guardian---Legality---Right of pre-emption is a property based right, thus, the legal guardian of the property of the minor can be the only person, who can decide the exercise of this right and not the "next friend" as identified in O.XXXII of CPC---Father of minor pre-emptor being legal guardian was obliged by law to perform all the Talbs under S.13 of the Act---Suit was also to be instituted by the person, who made any demand---Plaint as well as notice of Talb-i-Ishhad was silent with regard to performance of Talb-i-Muwathibat and Talb-i-Ishhad on behalf of the minor and no evidence was produced in that regard---Brother of plaintiff had no authority to perform Talb-i-Muwathibat, Talb-i-Ishhad and Talb-i- Khusumat on behalf of his minor brother (one of the plaintiffs), meaning thereby that neither any Talbs were performed on behalf of the minor nor suit was instituted on his behalf---Demand made by father or a brother of the pre-emptor is not sufficient, even if he has a right to pre-empt, unless he has been previously authorized to make the demand---Civil revision was allowed, in circumstances.

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