Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)--- ----Ss. 4 & 15---Constitution of Pakistan (1973), Art. 185(3)---Pre-emption right---Pedigree-table---Exercise of such right on the basis of collateral of vendors---Leave to appeal was granted by Supreme Court to consider as to whether pedigree-tables did not connect the pre-emptor and vendors. (b) Constitution of Pakistan (1973)---- ----Art. 185(2)(3)---Petition for Leave to Appeal---Leave granting order--­Extending the scope of such order---Requirement of notice to the other party---Scope---Supreme Court exercises Constitutional jurisdiction conferred upon it under Art. 185(3) of the Constitution according to which if appeal to the High Court from a judgment/decree, order or sentence of a High Court is not competent under Art. 185(2) of the Constitution then appeal is competent only with; the leave of the Court---Supreme Court is not a Court of facts, therefore, it only examines the questions of law which are considered to be of public importance or in which the Court finds it necessary to examine any contention in the interest of justice---Contentions which find favour with the Court at the time of granting leave are noted in the order and ordinarily at the time of hearing of appeal Supreme Court confines itself to the leave granting order---Such leave granting order can be extended subsequently if-a request is made in that behalf but before exercising such judicial discretion a notice to the other party is deemed to be necessary for safe administration of justice if the Court has decided to examine the points of law beyond the scope of leave granting order. Roshti Khan and others v. Shahzada Khursraul Mulk and others 1992 SCMR 1317 and State through Secretary, Ministry of Interior v. Ashiq Ali Bhutto 1993 SCMR 523 ref. (c) Constitution of Pakistan (1973)---- ----Art. 185(3)---Petition for Leave to Appeal---Validity---Raising of new plea---No interference is called for in the order on the points which were never put forward either before the High Court or the subordinate Courts. (d) Punjab Pre-emption Act (I of 1913)---- ----Ss. 4, 15 & 21 -Right of pre-emption ---Collateral, plea of---Evidence produced by the…

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