Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)- ---- S.21 --- Civil Procedure Code (V of 1908), S. 100 --- Pre-emption suit having been decreed prior to crucial date (31-7-1986), appeal against such decree, had to be disposed of on merits. Sardar Ali & others v. Muhammad Ali & others PLD 1988 SC 287. (b) Civil Procedure Code (V of 1908)-- ---- OXLVII, R. 1 --- Limitation Act (IX of 1908), S. 5 --- Review of --­ Condonation of delay --- Applicant had contended that when his appeal was dismissed neither he was present in Court nor his counsel who had entered appearance, had informed him of fate of his appeal--Such factual position had not been controverted by respondent by filing a counter-affidavit --- Review petition riled from date of knowledge of dismissal of appeal, was within time--­ Delay in filing application was condoned by Court accepting application of petitioner for condonation of delay. JUDGMENT This petition for review was filed on 20-7-1989 seeking review of the judgment dated 10-9-1988 whereby the Regular Second Appeal was dismissed on the ground that no decree can now be passed in favour of the appellant/applicant in view of the law laid down in the case of Sardar Ali and others v. Muhammad Ali and others PLD 1988 SC 287. 2. It is pointed out that it was not a 'no decree' case and as such, the ratio of Sardar Ali's case does not apply to it. This appears to be the correct position as the pre-emption suit riled on 26-11-1963 was decreed by the learned Trial Court vide judgment and decree dated 22-12-1965 and the appeal filed by the appellant was dismissed by the learned Additional District Judge vide judgment and decree…

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