1988 SCMR 1757

BAGH ALI Versus NOOR MUHAMMAD

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Citation1988 SCMR 1757

CourtSupreme Court of Pakistan

Case No.Civil Petition No.663 of 1987

Date1988-06-22

Judge(s)Muhammad Afzal Zullah and Abdul Kadir Shaikh

Authored byMuhammad Afzal Zullah

ResultPetition dismissed

ORDER

1. MUHAMMAD AFZAL ZULLAH, J .‑‑This is vendees' petition for leave to appeal in a pre‑emption matter against the dismissal of their Civil Revision by the Lahore High Court, Lahore.

2. Learned Counsel states and contends that no decree has been passed in favour of the pre‑emptor/ respondent (before 31‑7‑1986) it cannot now be passed, as held in the case of Sardar Ali (P L D 1988 S C 287).

3. The position taken by the learned counsel is correct. As irk the state of facts and circumstances, no decree can be now passed, therefore, this petition has become infructuous. The petitioner will however, have to take up the same plea before the Court, where the matter is now pending. With this observation the petition is dismissed accordingly.

4. M.I./B‑67/S Petition dismissed