S. A. NUSRATJ.-- The petitioners' filed a Regular First Appeal in the Lahore High Court challenging the judgment and decree passed in a pre-emption suit by the Civil Judge, Samundari dated 4-9- 1979. The said appeal was dismissed as withdrawn on 2-2-1986 on the basis of the statements made by Ch. Muhammad Bashir, learned counsel for the appellants and Muhammad Saleem one of the appellants. The petitioners moved an application under section 151, C.P.C. For setting aside the order dated 2-2-1986 which was dismissed as per impugned order.
2.It was contended by the learned counsel for the petitioners their counsel Ch. Muhammad Bashir was not empowered to make any statement with regard to withdrawal of appeal. It was further contendedthat Muhammad Saleem, appellant was also not authorised to make any statement on behalf of other appellants and he was also not made to understand the implications of the proceedings in the Court which were in English.
3. The same contentions as now raised were pressed into service before the learned High Court and were rejected. A copy of the statement of Ch. Muhammad Bashir has been brought on record by which the learned counsel had unequivocally asked for disposal of appeal as withdrawn. The Vakalatnama executed in favour of Ch. Muhammad Bashir was examined by the learned High Court which authorised the counsel to even compromise the matter.
4. After having heard the learned counsel and going through the impugned order of the learned High Court, we find no merit in this petition, which is dismissed.