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1989 SCMR 518

Mst. AZIZ BEGUM vs FATEH SHER and others

Citation1989 SCMR 518
CourtSupreme Court of Pakistan
Case No.Civil Petition No,911 of 1984
Date1988-05-29
Judge(s)Muhammad Afzal Zullah, Saad Saood Jan
ResultLeave to appeal refused

1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a vendee in a pre-emption matter against the judgment of the Lahore High Court dated 6-6-1984 whereby respondents'

2. Regular Second Appeal was allowed and the decree passed in their favour by the trial Court, was restored.

3. Learned counsel has pressed the point with regard to the bar of partial pre-emption against the respondents. When told that the argument is based on mere technicality otherwise in so far as the facts and circumstances are concerned, there is no doubt that the suit of the respondent did not suffer from partial pre-emption and further that this Court has dealt with the question of amendment of plaints in similar circumstances by giving a liberal interpretation of the relevant law.

4. The learned counsel was not able to press the point any further. Two judgments of this Court in similar circumstances were also pointed out. They are Sharif v. Muhammad Amir (1985 SCMR 1214), Naeem-ur-Rehman v. Muhammad Anwar (1986 SCMR 1488).

5. ' Two other judgments on question of amendment Mst. Ghulam Bibi v. Sarsa Khan (PLD 1985 SC 345), Muhammad Anwar v. Allah Bakhsh (1986 SCMR 1575) were also brought to our notice by R & R Officer.

6. ' In. The light of what has been stated above, this is not a fit case for the grant of leave to appeal.

7. Accordingly, the same is refused.

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