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Constitution of Pakistan (1973)-----Art. 185 (3)--Civil Procedure Code (V of 1908), S.115--Suit for pre-emption --Revision--Trial Court decreeing suit as upheld by appellate Court looking into plea of defendant that land in dispute, being situate within limits of Cantonment, was not pre-emptible--Order of High Court in revision remanding case for appointment of expert of Survey Depart­ment as Local Commissioner for resolving matter in controversy and thereafter for proceeding in accordance with law--Held, unexceptionable --Leave to appeal refused. Malik Muhammad Ashraf v. Mst. Afredan Bi etc. C. P. L. A. No. 22/R of 1983 ref. Bashir Ahmad Ansari, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioners. Maulvi Sirajul Haq, Senior Advocate Supreme Court (absent) and M. Afzal Siddiqui, Advocate-on-Record for Respondent. Date of hearing: 31st January, 1984. ORDER MIAN BURHANUDDIN KHAN, J.-- Leave is sought from the judgment and order of the Rawalpindi Bench of Lahore High Court, dated 28-9-1983 passed in Civil Revision No.751/D/1980. 2. The predecessor-in-interest of the petitioners pre-empted land measuring 17 Kanals 17 Marlas situate in village Dhama, Tehsil and District Rawalpindi, purchased by the respondent by a registered sale ­deed dated 31-7-1975 for a sum of Rs.4,500. The respondent had taken the plea that the land was not pre-emptible as it was situate within the limits of Rawalpindi Cantonment. On 27-1-1977 the suit was decreed by the learned trial Court holding that the land was not situate within the Cantonment limits. Appeal of the respondent was dismissed vide judgment and order of the Additional District Judge, dated 15-4-1980. Revision, was then filed in the High…

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