Law: Civil Procedure Code (V of 1908)

Section: 19

Law: Constitution of Pakistan, 1973

Section: 1850,185(3)

Law: Punjab Pre-emption Act, 1913

Section: 21

(a) Civil Procedure Code (V of 1908)-- ---O.XLI, R.19--Constitution of Pakistan (1973), Art. 1850) --Leave to appeal, grant of--Question of fact--Interference with--Restoration of appeal dismissed in default--Sufficient cause for--Dismissal of appeal in default--Restoration of appeal challenged on ground of insufficiency of cause--Whether sufficient cause was shown .for restoration of appeal or not, essentially a question of fact by and large within the field of Courts below--Impugned not suffering from any infirmity, jurisdictional or otherwise--Leave to appeal refused. (b) Punjab Pre-emption Act (I of 1913)- ---S.21--Constitution of Pakistan (1973), Art-185(3)--Leave to appeal, grant of--Question of academic nature--Suit for pre-emption-- Decree having ultimately been passed against petitioners, same stated to be under challenge in appeal--Principle of merger enunciated in PLD 1973 S C 214 indirectly attracted to petitioners case--Question left only was of academic nature--Not being a fit case for grant of leave to appeal, petition dismissed. Khalique Ahmad v. Abdul Ghani P L D 1973 S C 214 ref. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the vendees side in a pre-emption matter against the acceptance of an F.A.0. by the High Court. The respondents) pre-emptorss side had failed before the trial Court. Their appeal was dismissed by the Additional District Judge for non-prosecution. Their application for restoration was also dismissed. The High Court reversed the order of the first appellate Court, set aside the refusal to restore the appeal and remanded the case for a fresh decision on merits. The learned counsel states that in the meanwhile after the…

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