'CH. NAEEM MASOOD, J.---The instant Civil Revision is directed against the order dated 3-3-1994 passed by the learned Civil Judge, Muzaffargarh under Order X, Rule 2, C.P.C. Dismissing the suit of the petitioner/plaintiff for non-compliance of the order of the Court and further concurred by the learned Additional District Judge, Muzaffargarh vide his judgment and decree dated 14-4-1994.
2. Briefly put the facts of the case are that the petitioner/plaintiff filed a suit for possession through pre-emption against the respondents with respect to the property in dispute. The learned trial Court directed the plaintiff on 3-3-1994 to give his better statement. The petitioner/plaintiff did not A appear in the Court and hence the suit was dismissed.
3. Learned counsel of the petitioner vehemently contends that the suit was dismissed on technicalities and proper opportunity has not been afforded to the petitioner.
4. I have considered the arguments of learned counsel of the petitioner and have also perused the record.
5. I find from the record that the noncompliance of the petitioner resulted in the dismissal of the suit. Additionally, I find that in the plaint the petitioner/plaintiff has failed to perform Talb-e- Muwathibat and Talb-i-Ishhad in accordance with law. It has been submitted in Para No,6 of the plaint that the moment the petitioner came to know about the sale, he performed the Talb-e- Muwathibat and sent a notice by registered A.D. To the respondents. The petitioner has failed to mention particularly the time, date and place of Talb-e-Muwathibat. Furthermore, the petitioner has failed to give the date of Talb-i-Ishhad, as the same is to be confined within 14-days of performing the Talb-e-Muwathibat. In this view of the matter the case of the] petitioner is hit by the dictum laid down by the Honourable Apex Court in PLD 2003 SC 315, Haji Muhammad Saleem v.
Khuda, Buksh and 2007 SCM R 1, Fazal Din through Legal Heirs v. Muhammad Inayat through Legal Heirs.
6. Talb-e-Muwathibat and Talb-i-Ishhad having not been performed in accordance with law laid down by the Honourable Apex Court, it would have been futile exercise to proceed with the case.
7. In sequel thereof this civil revision is dismissed leaving the parties to bear their own expenses.