ORDER: JAVED IQBAL, J.--- This petition for leave to appeal is directed against the judgment, dated 28-10- 2002 whereby revision petition preferred on behalf of the respondent has been accepted and judgments/decrees of both the Courts below were set aside and the suit preferred on behalf of respondent was directed to be treated as pending in the Court of learned Civil Judge, Pindi Ghep, District Attock.
2. Heard Mr. Muhammad Akram Chaudhry, learned Advocate Supreme Court on behalf of the petitioners at length. We are not persuaded to agree with the prime contention of the learned counsel that there was a complete vacuum w,e,f, 1-8-1986 to 28-3-1990 as during that period no pre-emption enactment was in existence and therefore, the period of limitation will be four months and on this score alone, the suit for pre-emption should have been dismissed for the simple reason that section 36(2) of the Punjab Pre-emption Ordinance (XVIII) of 1990 made it abundant clear that "all the decrees, judgments or orders dismissing the suits of pre-emption, instituted or pending during the period from 1st August, 1986 to 28th March, 1990, in which the right of pre-emption was claimed as is available under this Ordinance, shall be of no legal effect, and such suits, on an application made by the aggrieved person, within sixty days of the commencement of this Ordinance, shall subject to subsection (2), be decided afresh according to the provisions thereof."
The period termed as "vacuum" has been saved and covered by the provisions as enumerated in section 36(2) of the Punjab Pre-emption Ordinance (XVIII) of 1990. Admittedly the suit was restored under section 36(2) of the Pre-emption Ordinance (XVIII) of 1990 wherein the limitation period has been prescribed as 60 days and therefore, it could A not have been dismissed on the point of limitation.
3. No infirmity, perversity or illegality could be pointed out by the learned counsel warranting interference in the judgment impugned which is well-reasoned. The petition being/meritless is dismissed and leave refused.