Law:

Section:

(a) Civil Procedure Code (V of 1908)-- O. XXI11, r. 3-Compromise-Petitioner's own: son accepting compromise along wit "I another co-respondent and such position supported by counsel representing vendee-Similar statement also made by some of pre-emptors and same statement supported by their counsel-High Court in circumstances satisfied as to dispute having been settled by a lawful agreement--Leave to appeal refused-Constitution of Pakistan (1973), Art. (b) Punjab Pre-emption Act (I of 1913) S. 21-Pre-emption, partial-Area being transferred to pre-emptors having to be in compact blocks, question whether such transfer comes within mischief of principle of partial pie-emption-A question of fact--Question of fact, field, cannot be investigated for first time before Supreme Court-Constitution of Pakistan (1973), Art. ORDER NASIM HASAN SHAH, J.-The petitioner herein was a respondent along with four others in an appeal filed by respondents Nos. I to 4 herein against the dismissal of their suit for pre-emption of a sale made in favour of the petitioner and his co-respondents before the High Court of an area measuring :41 kanals and 11 marlas for a sum of Rs. 1,31, 000. During the appeal proceedings, Nazeer Ahmad son of the petitioner (who was respondent No. 2 before the High Court) and Sher Muhammad (also one of the respondents before the High Court) were present. Murid Hussain and Maul Darya, appellants Nos. 1 and 3 before the High Court and respondents Nos. I and 3 before us, were also present. They were also represented by their counsel. Here it may be mentioned that Ch. Khurshid Ahmad who was the Advocate of the petitioner herein and a respondent before the High Court along with the other respondents in the said Court had by then been elevated to the Bench of the High Court. Accordingly Nazeer Ahmad, above-mentioned, had executed a power of attorney in favour of Khawaja Muhammad Farooq. The power was given on his own behalf and also on behalf of other respondents. However, it is submitted before us that Nazeer Ahmad had neither any special nor any general power of attorney on behalf of other respondents and, therefore, was e-of authorised to engage Kh. Farooq Ahmad…

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