1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the plaintiff in a suit for declaration against the order by the High Court, Civil Miscellaneous Application No,2852/C/1984 in Regular Second Appeal No,265 of 1979, filed by respondents side which had earlier been disposed of with the following operative order-- "It was by the said Ordinance XIII of 1983 West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance, 1983 that section 2-A was inserted in the West Pakistan Muslim Personal Law (Shariat) Act, 1962. By operation of clause (b) of section 2-A the judgment and decree impugned herein have become void, inexecutable and of no legal effect, and under clause (c) thereof the appeal before me has abated. These facts are hereby recorded."
2. ' The order passed by the High Court on the Civil Miscellaneous Application is reproduced below-- "Before passing judgment dated 9th May, 1984 I had heard learned counsel for the parties at length. Learned counsel for the petitioner, who was respondent in appeal, decided by the aforesaid judgment, raised only one objection, namely, that there was no documentary evidence on the record to show that Bashir had inherited the disputed land under custom before 15th March, 1948 and the same was repelled by me on the basis of the record. It was not urged by him that the question of executability of the decree could not be decided by this Court nor it was pleaded by him that Karam Elahi was a non-Muslim. The assertions made in this behalf are an afterthought and do not call for a review of the said judgment. The C.M. Is, accordingly, dismissed in limine."
3. ' Learned counsel has contended that the High Court was not justified in declaring that the decree in petitioner's favour passed by the First Appellate Court had become void on account of the promulgation of 1983 Punjab Ordinance and further that this question should have been left for the executing Court to decide. We do not agree with him. The learned Judge in the High Court was perfectly justified in recording the fact of a law which was enacted during the pendency of the appeal before the High Court. That being so, no justification has been made out for grant of leave to appeal. This petition, therefore, is dismissed.