Law:

Section:

Punjab Pre-emption Act (I of 1913)-------S. 15---Supreme Court Rules, 1980, O. XXVI, .R. 1 & O. XII, R. 2--­Limitation Act (IX of 1908), S. 5---Review---Petitioner's two petitions for leave to appeal in pre-emption matter, were dismissed on ground that no decree having been passed till 31st July, 1986, of Supreme Court in Said Kamal Shah's case reported as PLD 1986 SC 360 barred any further consideration of such cases---Such view was expressed as same purported to be based on the of Supreme Court in Sardar Ali's case reported as PLD 1988 SC 287 as also some later s---Supreme Court, however, on re-examination of some of the questions involved, in Ahmad's case reported as PLD 1989 SC 771 and some other cases, having taken a different view, petitioner's. review petitions required examination on merits---Prima facie position taken in Review Petitions was supported by decision of Supreme Court in Ahmad's case reported as PLD 1989 SC 771 and that being so, Supreme Court, while condoning the delay, admitted review applications for regular hearing. Government of N.-W.F.P. v. Malik Said Kamal Shah PLD 1986 SC 360; Sardar Ali v: Muhammad Ali PLD 1988 SC 287 and Ahmed v. Abdul Aziz PLD 1989 SC 771 rel. ORDER MUHAMMAD AFZAL ZULLAH, J.---These two Review Petitions (No. 70-R and 71-R of 1989) arising out of order of 23rd May, 1989, . in pre­emption matter; whereby two Civil Petitions (290-R of 1988 and 291-R of 1988) were dismissed on the ground that no decree having been passed in these cases till 31st July, 1986 the. judgment of this Court in the case of Government of N.-W.F.P. v. Malik Said Kamal Shah PLD 1986 SC 360, barred any further consideration of the cases. This view was expressed as it purported to be based on the judgment of this Court in the case of Sardar Ali v. Muhammad Ali PLD 1988 SC 287, as also some later judgments. However, a larger Bench of this Court has, on re-examination of some of the questions involved, in Ahmad v. Abdul Aziz (Civil Review Petition No. 80-R of 1988) and some other cases has taken a different view. Reliance has been placed by the learned counsel for the petitioner on the following observations made in the said latest case.…

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