Law:

Section:

Constitution of Pakistan (1973)----Art. 185(3)--Civil Procedure Code (V of 1908), O. IX, r. 9-­Restoration of suit--Sufficient cause shown for non-appearance--Two persons filing suit for pre-emption--Suit of one abated and that of petitioner decreed--After decree having attained finality, abated suit restored on ground that sufficient cause was shown for non­appearance--Contention raised that petitioners decree being uncondi­tional, revival of suit of other person was not only unjustified on merits but also an exercise in futility for it could not affect decree of petitioner in view of dismissal of his other revision petition--Leave granted to examine case with regard to implication of restoration of suit against petitioners decree. Ch. Khalilur Rehman, Senior Advocate Supreme Court for Petitioner. Nemo for Respondents. Date of hearing: 2nd September, 1985. ORDER SHAFIUR RAHMAN, J.--The petitioner, a successful pre-emptor, seeks leave to appeal against the judgment of the Lahore High Court, dated 14-6-1980 whereby a revision petition filed by the rival pre-emptors was allowed and "the orders under revision" were set aside and the rival pre-emptors suit was restored and the pre-emption decree passed in petitioners favour was ordered not to extend to rival pre-emptor s rights. 2. Against the sale of 337 Kanals 3 Marlas two pre-emption suits were filed; one by the petitioner and the other by Jan Muhammad. The suits were consolidated and 18th of December, 1971 was the date fixed for examining whether the suit instituted by Jan Muhammad, the rival pre-emptor had not abated. It was the date given for recording of evidence. The counsel representing Jan Muhammad appeared and made a statement that he had no instructions. On this, the application for setting aside the abatement was dismissed and his suit was also dismissed. The petitioners suit was decreed on 22-1-1972. 3. On 12th of January, 1972 an application was filed under Order IX,…

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