' A suit for possession through pre-emption filed on 17th February 1988, claiming the right of pre- emption being co-sharer, was dismissed as ,not maintainable on 24th July, 1990. An application for restoration of the suit was filed and the learned Civil Judge restored the same vide. Order dated 27th April, 1991. The petitioner/defendant then filed an application for rejection of the plaint on the plea that the plaintiff has not made `Talabs' according to Islamic Jurisprudence. This application was rejected by the learned Civil Judge vide order dated 12-10-1991, observing that in' para. 2 of the plaint, it has been mentioned that on having knowledge of transaction in dispute, plaintiff has made `Talabs' in presence of Ata Muhammad and Muhammad Munir. It was added that in the presence of para. No,2 of the plaint, it becomes 'a question of fact which can only be decided after recording the evidence. The petitioner-defendant then filed a revision petition challenging the aforesaid order. The learned District Judge vide order dated 16-11-1991 dismissed the revision petition observing that it was a matter of evidence as to whether Talab Musabar was made by the plaintiff or not.
2. Having gone through the impugned order as well as the plaint, I am satisfied that the impugned order passed by both the Courts below does not A suffer from any jurisdictional error. The plaintiff in para. 2 of the plaint has made averments with regard to the making of `Talabs'. The question whether these `Talabs' have satisfied the requirement of law, is a question in respect of which an issue can be claimed and the said issue, if so, claimed can then be decided after providing an opportunity to the parties to produce necessary evidence. An opportunity of addressing the arguments to the parties to present their respective points of view, is also 'to be allowed.
3. In the circumstances noted above, no case for interference in exercise of extraordinary Constitutional jurisdiction of this Court, has been made out. The petition, therefore, fails and is dismissed in limine.