BAQAR Versus MUHAMMAD QASIM KHAN

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.‑‑ Leave to appeal has been sought by the vendees' side in a pre‑emption matter against the dismissal of their Regular Second Appeal by the High Court.

2. The learned counsel for petitioners while admitting that the petitioners have failed throughout with regard to the alleged partial pre‑emption by the respondent, has however, contended that the respondent's plaint was defective in so far as the description of the suit property is concerned. Therefore, the suit should have been dismissed on ground of partial pre‑emption.

3. After hearing the learned counsel we are satisfied that it was a clerical/ technical omission which could not be made use of by the vendees so as to non‑suit the respondent on the ground of partial pre‑emption. The judgment of this Court in the case of Naeem‑ur‑Rehman v. Mohammad Anwar 1986 S C M R 1488 as admitted by the learned counsel, goes against the petitioners' case. Leave to appeal accordingly is refused.

4. M.I./B‑61/S Petition dismissed.