Brief history of the case is that petitioner filed a suit for possession through pre-emption against the respondents. Respondent Nos, 3 to 5 contested the same by filing their written statement. Out of divergent pleadings of the parties, learned trial Court framed necessary issues including relief.
Both the parties got recorded their evidence. Learned trial Court after hearing the arguments of both the parties, ultimately dismissed the suit of the petitioner. Petitioner preferred an appeal which was allowed and the case was remanded to the trial Court with a direction to decide the same afresh. In post remand proceedings petitioner filed an application for secondary evidence which was dismissed by the learned trial Court vide order dated 22.12.2009. Petitioner filed a civil revision which also met with the same fate by the learned Revisional Court vide order dated 25.02.2010. Feeling aggrieved by the said orders petitioner has filed the instant writ petition.
2. Learned counsel for the petitioner contends that the impugned orders are against law and facts and also based upon surmises and conjectures.
3. Heard. Record perused.
4. Undeniably, through the secondary, evidence petitioner intended to produce the original notice of Talb-e-Ishhad which has to be attached with the plaint at the time of filing the suit. The contention of learned counsel for the petitioner was that at the time of filing the suit the said notice was misplaced and now the same has been traced out. As per Section 13 of the Pre-emption Act, it was the primary duty of the petitioner to annex the said notice with the plaint at the time of filing the suit but said procedure was not adopted at the relevant time. Now at belated stage petitioner intends to fill in the lacuna by filing the application for secondary evidence. There are concurrent findings of both the Courts below against the petitioner. I find no illegality or material irregularity in the impugned orders passed by the Courts below.
5. For the foregoing reasons, there is no force in the instant writ petition and the same is dismissed with no order as to costs.