1. The facts necessary for the disposal of this civil revision under -section 115, C.P.C. Are that a suit for possession through pre-emption was filed by the respondnets against the petitioners on the grounds of relationship with the vendor and being co-sharers. The learned trial Court after framing the necessary issues and recording the evidence, decreed the suit vide judgment and decree dated 4-7-1987. The appeal filed by the petitioners was dismissed by the learned Additional District Judge vide judgment and decree dated 24-1-1988. The petitioners thereafter filed this civil revision under section 115, C.P.C.
2. 2.Learned counsel for the petitioners argued that the suit even on the ground of co-sharer could not be decreed on 4-7-1987 as the plaint did not contain the assertion that 'talabs' were made in the mode accepted by Islamic Jurisprudence. Reliance was placed on Barkat Ali v. Khan Muhammad and others 1988 SCMR 1800 (1), Sardar All and others v. Muhammad Ali and others PLD 1988 SC 287 and Ghulam Qadir v. Nawab Din PLD 1988 SC 701. Learned counsel for the respondents /pre-emptors relying on Sher Bahadur v. Behran Khan 1988 SCMR 1735 argued that the learned trial Court rightly decreed the suit of the pre-emptors as they were found to be co- sharers. He was, however, unable to controvert the plea that the plaint does not contain any assertion as to making of 'talabs' in the mode prescribed by Islamic Jurisprudence.
3. 3.In view of above, the suit of the pre-emptors-respondents could not be decreed after the crucial date. There is, therefore, no alternative but to set aside the impugned judgments and decrees F passed by the learned Courts below. The same are, therefore, set aside with the result that the suit shall stand dismissed. The civil revision succeeds. The parties are left to bear their own costs.