Law:

Section:

Constitution of Pakistan (1973)--- Art. 185(3)-Leave to appeal-Contention that District Judge having held suit to be not maintainable he should not have given decision on merits-Both parties having proceeded with trial, led evidence on all issues and no cross objection having. been filed by petitioner in High Court as regards finding of District Judge in respondent's favour on issue in question, contention, held, not correct. Sultan Mahmood v. Muhammad Siddiq P L D 1973 S C 347 ref. ORDER ABDUL KADIR SHAIKH, J-The respondents filed a pre-emption suit against the petitioner basing the claim on their being co-sharers in the suit land as well as owners in the estate. The trial Judge dismissed the suit for the reason3 that the plaintiffs had not only failed to prove the preferential right claimed by them and the property being an evacuee property was not pre-emptible. On appeal, the District Judge, Mianwali accepted respondents' claim of preferential right but upheld the view that the property was not pre-emptible, and therefore, dismissed the appeal. In second appeal before Lahore High Court, the respondents, however, succeeded in view of the decision of this Court in Sultan…

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