SAIFUL KHAN Versus FIYAZ ALI KHANA

ORDER

MUHAMMAD AFZAL ZULLAH, J.‑ ‑Leave to appeal has been sought by the vendees in a pre‑emption matter against the judgment of the Lahore High Court, whereby respondent /pre‑emptor's Regular Second Appeal was allowed.

2. The question involved is whether or not, in the circumstances of this case, the respondent/ plaintiff could have been allowed amendment of his plaint in such a manner so as to avoid the bar of partial pre‑emption. The learned counsel frankly stated that two judgments of this Court go against him. They are Wazir Muhammad v. Abdul Aziz 1962 S C M It 189 and Naeem‑ur‑Rehman and others v. Muhammad Anwar and others 1986 S C M R 1488. That being so, leave to appeal is refused and the petition is dismissed.

M.B.A./S‑154/S Petition dismissed.