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Petitioner: BASHIR AHMAD VS Respondent: ABDUR REHMANHonorable Justice Muhammad Afzal Zullah
1988 S C M R 1406
1988 S C M R 1406
Present: Muhammad Afzal Zullah and Saad Saood Jan, JJ
BASHIR AHMAD and others‑‑Petitioners
versus
ABDUR REHMAN and another‑‑Respondents
Civil Petition No. 799 of 1983, decided on 23rd May, 1988.
(Against the judgment and order of the Lahore High Court, Lahore, dated 7‑5‑1983 in Civil Revision N0.767/D of 1983).
Punjab Pre‑emption Act (I of 1913)‑‑
‑‑‑S.21‑‑Pre‑emption suit‑‑Affording of adequate opportunity to adduce evidence by Trial Court‑‑Petitioner attempting to prove signatures of pr e‑emptor/plaintiff on the Wakalatnama in favour of lawyer as non -genuine‑‑Plaintiff never disowned his signatures throughout the litigation‑‑Interference declined by Supreme Court.
Ch. Irshad Ahmad Virk, Advocate Supreme Court instructed by S. Wajid Hussain, Advocate‑on‑Record (absent) for Petitioners.
Nemo for Respondents.
Date of hearing: 23rd May, 1988.
ORDER
MUHAMMAD AFZAL ZULLAH, J.‑‑This petition for leave to appeal by the vendees in a pre‑emption matter, calls in question the dismissal of their Civil Revision by the High Court.
The learned counsel for the petitioner has contended that they had not been afforded adequate opportunity for producing evidence before the trial Court. Wt en questioned as to the point on which they would produce evidence if an opportunity is now afforded to them the learned counsel stated that they would make are attempt that the signatures of a pre‑emptor /plaintiff on the Wakalatnama, in favour of the lawyer, would be proved as non‑genuine. He at the same time admitted that the concerned plaintiff never disowned his signatures throughout the litigation. That being so no useful purpose would be served now to grant leave to appeal on the point raised by the learned counsel. It is not a fit case for the grant of leave to appeal. The petition is, therefore, dismissed.
M.B.A. /B‑58/S Petition dismissed.