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Petitioner: Muhammad Amin VS Respondent: Zulfiqar and another
Court Name: Supreme Court of Pakistan Judge(s): Mian Saqib Nisar, Amir Hani Muslim Title: Muhammad Amin vs Zulfiqar and another Case No.: Civil Appeal No. 29 of 2012 Date of Judgment:2014-02-13 Reported As: 2014 PSC 774 Result: Civil appeal dismissed.
Judgment ORDER MIAN SAQIB NISAR, J. --- This appeal, with the leave of the Court, was filed by the appellant/pre-emptor, who has failed before the learned Trial Court on non-proving Talb-i- Muwathibat, but when such judgment and decree was assailed by the appellant before the learned Appellate Court the suit was decreed vide judgment dated 22.4.2000. We have questioned the learned counsel for the appellant, if as per the law laid down by this Court in the case reported as Mian Pir Muhammad and another v. Faqir Muhammad through L.Rs. And others (PLD 2007 SC 302) the particulars of Talb-i-Muwathibat vis-a-vis time and place are mentioned in the plaint, to which he has attacked on the ground that the said judgment is per incuriam. We are not persuaded to hold the same. This appeal has no merit and is accordingly dismissed.