Law:

Section:

This revision petition under section 115 of the Civil Procedure. Code (V of 1908) calls in question the judgment and the decree dated 9-6-1991 of the learned District Judge, Abbottabad, whereby he reversed the judgment and decree dated 27-i1-1990 of the learned IIIrd Civil Judge, Abbottabad, by which the plaintiff-pre-emptor had been non-suited on the ground of his failure to make `Talabs'.

2.  The brief facts of the case are that Muhammad Sarwar respondent No.1 had pre-empted the sale of the land mutated in favour of the petitioner. This suit was dismissed by a learned Civil Judge on 31-10-1983. Respondent No.l went in appeal which was accepted by a learned Additional District Judge, Abbottabad, vide his judgment and decree dated 30-9-1984 remanding the suit for decision afresh on the issues which had been left undetermined by the learned trial Judge. A revision petition against the order of learned Addl. District Judge filed before this Court was accepted on 29-i1-1989 and the case was remanded to the learned trial Judge on the basis of the dictum of the Supreme Court in the case of Ahmed v. Abdul Aziz (PLD 1989 SC 771). In the second round, the learned trial Judge non-suited the respondent-pre-emptor on the ground that he has "not complied with the mandatory provisions of Talabs etc. and since no decree has been passed in his favour up to 31-7-1986, therefore, his suit is not maintainable and stands dismissed".