TASSADUQ HUSSAIN JILLANI, J.--- Petitioner's suit for pre-emption has been dismissed by the two Courts below i.e, learned Court of appeal and also by High Court on the ground that the A evidence led to prove Talbs, was discrepant and, therefore, not worthy of credit.
2. Petitioner's learned counsel impugns the judgments and decrees on the ground that both the Courts have failed to take note of the law declared by this Court in Haji Noor Muhammad v. Abdul Ghani and 2 others 2000 SCM R 329 and has disbelieved evidence for the reasons not sustainable in law.
3. We have considered the submissions made and gone through the impugned judgment as also the judgment of this Court which is being relied upon by petitioner's learned counsel.
4. In the afore referred judgment of this Court, the ratio laid down was that the plaintiff in a suit for pre-emption cannot be non-suited merely for lacunas in the plaint qua the performance of Talbs.
The Court must examine the evidence led by him to prove Talbs. In the instant case, admittedly, the plaint does not disclose the date, time and the witnesses before whom Talb-i-Muwathibat was made. With this deficiency in the plaint, it was imperative for the plaintiff to lead cogent and convincing evidence to prove performance of Talbs. A bare reading of the evidence led in this behalf indicates that the same was discrepant and not worthy of credit. The Court seized of a petition under Article 185, would not reappraise the evidence.
5. In the afore referred circumstances, we find the concurrent judgments to be unexceptionable.
This petition lacking in merits accordingly, dismissed and leave refused.