MUHAMMAD SARFARAZ ALI versus MUHAMMAD ASHRAF

O XIV, r 5 and o XII, r 4 The subsequent events, not the case, are those that seek to amend the case and accordingly the land prices are reduced accordingly. That the vendor's land is cut off and cut off from the ground. The institution does not allow the suit court to challenge such an order, but rather to issue a notice to the shopkeeper to decide on an additional problem and to cut down the trees and acknowledge its importance, including a trial It is not wrong to refuse to settle the matter. After such circumstances, the court, further authorized to take notice of the case and subsequent events of the pre-emptor's institute, may be permitted to give notice to the adversaries to acknowledge the facts. ]

1981 C L C 987

[Lahore]

Before Muhammad Afzal Lone, J

Raji MUHAMMAD SARFARAZ ALI---‑Petitioner

versus

MUHAMMAD ASHRAF AND 3 OTHERS----‑Respondents

Civil Revision No. 456 of 1977, heard on 15th September, 1980,

Civil Procedure Code (V of 1908)‑‑

‑‑ O. XIV, r. 5 & O. XII, r. 4‑‑Subsequent events after filing of suit‑Not" of‑Pre‑emptor seeking amendment of his plaint by reduction of price of land as given in plaint on ground of vendee having cut and removed from land in suit trees worth a certain amount after institution of suit‑‑Court disallowing application Pre‑emptor not challenging such order but applying for framing additional issue and for issuing notice to vendee to admit fact of cutting trees and value thereof‑Trial Court, held, not wrong in declining to frame' additional issue in such circumstances‑Court, however, held further, competent to take notice of subsequent events after institution of suit and pre‑emptor could be allowed to serve notice on adversary to admit facts.‑[ Pre‑emption].

Sh. Ata Ullah Quershi and Asad Ali Khan for Petitioners.

Mian M. Zafar Yasin for Respondents .

Date of hearing : 15th September, 1981.

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