1. ' TANVIR AHMED KHAN, J.--- Leave to appeal is sought against the judgment, dated 19-9-2002 whereby a learned Single Judge of the Lahore High Court, Lahore, accepted Writ Petition No,9910 of 2000 filed by respondent No,1 and remitted the case to the trial Court so as to proceed with it as mandated under law.
2. ' The facts briefly narrated are that respondent No,1, Mst. Hanaf Ilahi, filed a declaratory suit challenging the sale-deeds and mutations allegedly attributed to have been executed by her father. It is pertinent to mention over here that the other two sisters of respondent No,1 also filed similar suits. However, during the pendency of the same, the suit was withdrawn allegedly on the statement of the respondent by her counsel on 22-10-1997. The moment the lady came to know about this withdrawal, she assailed the above order and disowned having given any such instruction to her counsel. This application was dismissed by the trial Court on 2-10-1998. A revision petition filed by the respondent lady against the above order also met the same fate as it was dismissed by the learned Additional District Judge, Depalpur, on 4-4-2000. Faced with this situation, respondent No,1 approached the Lahore High Court, Lahore, through aforesaid writ petition, which has been accepted and the case remitted to the learned trial Court for decision on merits by a learned Single Judge through his judgment, dated 19-9-2002, impugned herein. Hence, this petition for leave to appeal.
3. ' The only point involved in this case is, whether the learned counsel appearing for respondent No,1, had the authority to withdraw the suit in the circumstances of the case in hand. The learned Single Judge of the High Court has dealt with this matter in extenso and has come to a definite conclusion that no such instructions were ever imparted by the lady to her counsel nor they are reflected from the power of attorney executed by her. The learned Single Judge, after advancing valid reasons, has exercised the discretion properly and no exception can be taken to the same.
4. ' Resultantly, in view of the above discussion, the instant petition being devoid of any merit is dismissed and leave declined.