Law:

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Punjab Pre-emption Act (I of 1913)--S. 15---Civil Procedure Code (V of 1908), O.VI, R.17 & O.XLI, R.27--­Constitution of Pakistan (1973), Art. 185(3)---First Appellate Court rejected application for production of additional evidence---High Court remanding case to First Appellate Court for decision afresh on merit of appeal and on applications for amendment of written statement and application for production of additional evidence if moved by defendants---First Appellate Court in post remand proceedings decreed plaintiff's suit on merits and dismissed application for production of additional evidence and amendment of plaint---Such finding was affirmed by High Court---Validity---High Court had given cogent reasons in support of proposition that in pre-emption matters sufficiently delayed applications for amendments of plaints and written statements were rarely allowed---Even otherwise, permission for amendment of written statement and permission for adducing additional evidence being discretionary with Court, such discretion if exercised in accordance with law was not open to interference before Supreme Court---Leave to appeal was refused in circumstances. Abdul Rashid alias Muhammad Rashid v. Muhammad Hanif and 2 others 1994 SCMR 2035 and Mst. Imam Hussain v. Sher Ali Shah and others 1994 SCMR 2293 ref. M. Nawaz Abbasi,. Advocate Supreme Court and Malik Mehr Khan, Advocate-on-Record for Petitioners. Ijaz Muhammad Khan, Advocate-on-Record for Respondent. Date of hearing: 12th November, 1995 ORDER FAZAL ILAHI KHAN, J. ---Petitioners seek leave to appeal against the judgment dated 13-2-1995 of the Lahore High Court, Multan Bench, passed in Civil Revision Petition No.994 of 1994. 2. Respondent claiming his superior right of pre-emption pre-empted the sale of land measuring 342 Kanals 12 Marlas detailed in the plaint purchased by the petitioners Nos . l to 5 and predecessor-in-interest of petitioners Nos. 6 and 7, from one Faiz Muhammad through Mutation No.3052 attested on 30-5-1969. Petitioners contested the suit. They then moved an application on 22-4-1981 for dismissal of the suit on the ground that village Lohanch Thal Kalan in which the respondent was owner…

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