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Issues:
1. Amendment of pleadings by the Judicial Commissioner of the North-West Frontier Province. 2. Dismissal of appeals filed in the wrong court by the Judicial Commissioner. Analysis: 1. The appeal involved two main issues. Firstly, whether the Judicial Commissioner was correct in allowing the three respondents to amend their pleadings. The suits were consolidated, each claiming pre-emption rights over specific properties. The vendees varied, with different deeds and dates. The plaintiffs sought a declaration of pre-emption rights without claiming possession, leading to a technical objection by the defendants. The Judicial Commissioner permitted the amendments, which was challenged on appeal. 2. The second issue was the dismissal of appeals filed in the wrong court by the Judicial Commissioner. After amendments, judgments were delivered by the Subordinate Judge, and appeals were filed at different levels. The Judicial Commissioner found four appeals out of time and in the wrong court, refusing to extend the time or transfer them. The appellants appealed this decision, arguing against the dismissal of their appeals. 3. The Judicial Commissioner's judgment on the first issue was upheld. Despite the clumsy framing of the suits, the intent to establish pre-emption rights was acknowledged. Amendments were allowed to clarify the relief sought. On the second issue, the dismissal of appeals in the wrong court was justified to avoid prolonging litigation and unnecessary expenses. The dismissal of all appeals, including a cross-appeal on property valuation, was recommended, as no fundamental valuation errors were shown. The cross-appeal was also dismissed, with no order as to costs. 4. The judgment emphasized the importance of clarity in pleadings, the distinction between pre-emption rights and possession claims, and the jurisdictional correctness of filing appeals. The decision focused on upholding legal principles while avoiding undue delays and expenses in the litigation process.
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