SHAUKAT ALI Versus SULTAN MAHMOOD

ORDER

1. NASIM HASAN SHAH, J. --There is no dispute that the respondent had a preferential right of pre-emption. This right is sought to be defeated on the ground that one, out of the four vendees, was a minor when the suit was filed but he was not sued through a guardian ad litem and as the prayer for amendment to sue him through a guardian ad litem was made after the expiry of the period of limitation, the Courts below had erred in granting this amendment.

2. This aspect of the case has been thoroughly discussed by the High Court and the above submission rejected by a well-reasoned order. In doing so, the High Court also referred this Court's judgment in Muhammad Ismail etc. v. Muhammad Sarwar etc. 1980 SCMR 254.

3. We are in wholehearted agreement with the decision of the High Court on the point in issue.

4. M.I./S-79/S Petition dismissed.