Law:

Section:

(a) Civil Procedure Code (V of 1908)-----S. 48 & O.XX, R.14---Decree in pre-emption suit passed on 16-12-1969 --Execution of decree---Limitation---Deposit of decretal amount within time---Filing. of first execution petition on 28-9-1972 and, its dismissal for non-.prosecution on 8-6-1973- Filing of second execution petition on 2-3-1974--Maintainability,--Once an application for execution was made within prescribed time, then any number of applications could be presented within, six years period from date of decree---Second execution petition, held, was not time-barred. Mahboob Khan v. Hassan Khan PLD 1990 SC 778 fol. (b) Constitution of Pakistan (1973)--- --------Art. 199 --Constitutional jurisdiction of High Court---Scope---Constitutional petition could not be heard as an appeal from a subordinate Court---High Court could not embark upon reappraisal of evidence, but would only see jurisdictional defect or violation of statute or law settled by superior Courts while passing impugned order. Ch. Muhammad Anwar-ul-Haq for Petitioner/Applicant. ORDER Civil Miscellaneous No.368 of 2005 For the reasons recorded in the, application which is supported by the affidavit and due to the undertaking given by the learned counsel for the petitioner to argue the main case on merits today, this application is allowed and the main writ petition is restored to, its original number. Main writ petition 2. The brief facts of the case are that the petitioners and respondent No.1 filed suits for pre-emption in the year 1968 against respondents Nos.2 and 3 and issues were framed on 16-12-1969, but thereafter compromise was arrived at between the parties. Their statements were duly recorded. While agreeing preferential rights of pre-emption of respondent No.1, she was allowed to deposit the consideration amount before 21-1-1970 and on her failure, the petitioners were to deposit the said amount within next month. It was also agreed that if either of them failed to deposit the amount their suit should stand dismissed. It was also ordered that if respondent No.1 failed to seek execution of decree within 3 years after deposit of the amount, the petitioners would be entitled to avail of…

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