Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)--S. 15---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider contention that Supreme Court had neither reversed nor modified the rule laid down in Sardar Ali's case (PLD 1988 SC 287) that a plaintiff who had obtained a decree for pre-emption in Trial Court before 31-7-1986 which decree had been set aside by Appellate Court could, while pressing his further appeal before higher forum, defend the decree granted in his favour before 31-7-1986 and seek its restoration on the basis of pre-existing law. Government of N.-W.F.P. through Secretary, Law Department v. Malik Said Kamal Shah PLD 1986 SC 360 and Sardar Ali and others v. Muhammad Ali and others PLD 1988 SC 287 rel. (b) Punjab Pre-emption Act (1 of 1913).- ----S. 15---Ex parte decree in favour of pre-emptor passed before 1-8-1986--­Effect---Decrees passed in favour of pre-emptors before 1-8-1986 were protected from the effect of Said. Kamal Shah's case (PhD 1986 SC 360); all further proceedings in connection therewith were to be governed and decided under provisions of Punjab Pre-emption Act, 1913---Where decree in favour of preemptor though ex parte was passed on 18-7-1985, further proceedings for setting aside thereof and subsequent trial after its setting aside would be governed by Punjab Pre-emption, Act, 1913, as if it had not been repealed. Rozi Khan v. Karim Shah 1992 SCMR 445 rel. (c) Civil Procedure Code (V of 1908)-- ----S. 2(2)---"Decree"---Connotation---No difference between a decree passed after contest and a decree passed ex parte for both were decrees as defined in S.2(2), Civil Procedure Code, 1908 and were executable. JUDGMENT WALI MUHAMMAD. KHAN, J.---This appeal through leave to appeal has arisen out of a preemption suit brought by the appellant against the respondents on 21-8-1983, wherein an ex parte decree was passed against them on 18-7-1985. Respondent No.2 did not agitate against this decree, rather withdrew his share of the sale price deposited in the Court by the decree-­holder. Respondent No.1 however, moved an application for setting aside the ex parte decree, which was allowed and the decree set aside.…

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