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Petitioner: WALI MUHAMMAD VS Respondent: MUHAMMAD RAFIQ and others
Court Name: Lahore High Court Judge(s): Mian Saqib Nisar Title: WALI MUHAMMAD vs MUHAMMAD RAFIQ and others Case No.: Regular Second Appeal No,181 of 1986 Date of Judgment:2000-12-06 Reported As: 2003 CLC 718 Result: Second appeal dismissed
JUDGMENT
JUDGMENT ' The appellant is a pre-emptor and no decree had been passed in his favour before 31-7-1986. The suit was dismissed on the above account by the trial Court, and appeal has also failed. 2. The learned counsel for the appellant while relying upon Abdul Waris v. Muhammad Yousaf 1997 PSC 858 and Muhammad Sharif v. Muhammad Sharif 1992 SCM R 1129, states that as per the provisions of section 35 and section 34(2) of the Punjab Pre-emption Act, 1991, the suit could not have been dismissed and the appellant could always seek the revival of his case under section 35, and it can proceed. 3. I am afraid, neither the above provisions nor the judgments, has any application to the present case, therefore, this appeal has no force and is hereby dismissed.