' IFTIKHAR MUHAMMAD CHAUDHRY, ACTG. C.J.--- This petition for leave to appeal has been filed against the judgment dated 30-9-2004 passed by Lahore High Court.
2. Precisely stating the facts of the case are that petitioner instituted a suit for specific performance allegedly against the respondent and produced him on the day of presentation of the plaint before the Court who admitted his claim, as such the learned trial Court for want of cause of action dismissed the suit on 1st April, 1996. Later on after about 5 years an execution application was submitted on or about 23rd May, 2001. Learned Executing Court vide order dated 6th June, 2001 directed the Reader of the Court to register a conveyance in favor of the petitioner. A draft sale- deed was prepared the same day and was also registered on that very day. Subsequently, when matter came up for hearing in appeal on the file of Additional District Judge, Bahawalnagar he accepted the appeal on 4th June, 2002, as a consequence whereof execution application was dismissed. It is important to note that learned Appellate Court on having taken into consideration all the attending circumstances of the case opined that as the suit filed by the petitioner was dismissed and no decree was passed, therefore, the execution application was incompetent.
Against the order of Additional District Judge a revision was filed before the High Court which has been dismissed.
3. Learned counsel stated that as a compromise has been effected between the parties, therefore, the judgment was executable. We enquired from the learned counsel as to whether any decree- sheet was prepared his. Answer was in negative. It is important to note that when the suit was dismissed for want of cause of action and the trial Court prepared no decree-sheet, thus, there was no question of filing execution application nor such an order can be executed.
' For the foregoing reasons we are of the opinion that the learned High Court has rightly dismissed the revision and no interference is called for by this Court in exercise of jurisdiction under Article 185(3) of the Constitution of Islamic Republic of Pakistan. As such the petition is dismissed and .