Law: Supreme Court Rules, 1956

Section:  O. XXXVII, r. I

Law: Civil Procedure Code (V of 1908)

Section: 1,2, 3

Supreme Court Rules, 1956  O. XXXVII, r. I read with Civil Procedure Code (V of 1908), O. XXIII, rr. 1, 2 & 3--Suit, withdrawal and adjustment of Petitioners withdrawing previous petition at their own request and not on account of any permission granted to them in pursuance of any request made in such behalf-Petition, held, barred under O. XXXVII, r. 1 of Supreme Court Rules, 1956. Date of hearing : 24th April, 1979.                                                                                                                ORDER G. SAFDAR SHAH, J.-This petition which is directed against the judgment of the Lahore High Court, dated 12-12-1978, arises in the following circum stances :- The petitioners purchased from one Durab Khan on 31-10-1966, 27 kanals and 19 marlas of land situated at Shujahabad, District Multan. Subsequently they purchased from one Phool Khan 34 kanals and 4 marlas of land on 24-1-1967. But both these transactions were pre-empted by Rahim Bakhsh (through two separate suits) on the ground that being owner in the estate he enjoyed the preferential right thereto whereas the petitioners did not enjoy any such right. Both these suits, which were contested by the petitioners, proceeded separately in the Court of the Civil Judge, Shujahabad, who vide his separate judgments dated 12-2-1973 dismissed them. Rahim Bakhsb, therefore, filed two appeals in the Court of the Additional District Judge, Multan, who vide his two separate judgments, dated 13-2-1978. disposed them of with this result that the appeal relating to the land purchased by Rahim Bakhsh from Phool Khan was allowed, but his other appeal in respect of the land purchased by him by Durab Khan was dismissed. Feeling aggrieved of the said judgment, the petitioners went in revision to the High Court but the same was dismissed in limine vide judgment dated 17-4-1978. Thereafter they filed a review…