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Petitioner: SIRAJ DIN VS Respondent: GHULAM NABI and 2 others
Court Name: Supreme Court of Pakistan Judge(s): Shafi-ur-Rehman, Saad Saood Jan Title: SIRAJ DIN vs GHULAM NABI and 2 others Case No.: Civil Petition for Leave to Appeal No, 482-L of 1991 Date of Judgment:1992-02-27 Reported As: 1992 SCMR 1287 Result: Leave refused
Judgment ORDER ' SHAFTUR RAHMAN, J.---The petitioner was a pre-emptor claiming superiority of his pre-emption right on the ground of his relationship being brother of the vendor and co-owner in the Patti. No decree was passed in favour of the petitioner till 31st of July, 1986. The High Court has held that the order rejecting the plaint was not proper but at the same time has not allowed the continuation of the proceedings because it would be an exercise in futility. 2. We find that indeed the ground pressed for claiming superior right of pre-emption was not available after .31st of July, 1986 and the suit could not end in favour of the petitioner. The order of the High Court is, therefore, unexceptional. 3. No case is made out for interference. Hence, leave to appeal is refused.