Suit for pre-emption on the ground of ownership in the estate and kinship was decreed ex parte vide judgment and decree dated 30-3-1971. The vendee-respondents submitted an application for setting ` aside the ex parte decree but this application was also dismissed on 6-11-1980. The appeal of the vendees respondents against the order dated 6-11-1980, however, succeeded vide judgment dated 13-3-1983 of the learned Additional District Judge. The impugned ex parte decree was set aside and the suit was remanded to the learned trial Court for decision in accordance with law. The learned trial Court after framing additional issues rejected the plaint under Order VII, Rule 11 C.P.C. In view of the judgment in Said Kamal Shah's case (PLD 1986 SC 360), the first appeal of the pre- emptors taken to challenge the decree of dismissal of the suit dated 30-10-1986 was also dismissed by the learned Additional District Judge on I1-1-1987. Hence this revision petition.
2. Learned counsel in support of the revision petition argued that the ex parte decree passed on 30-3-1971 merits to be revived as the view taken by the learned Additional District Judge in setting aside the ex parte decree was not proper. This plea is not available to the petitioners now as the judgment dated 13-3-1983 passed by the learned Additional District Judge remained unchallenged till date In view of the latest pronouncement of the Supreme Court in the case of Sardar Ali and others v. Muhammad Ali and others (PLD 1988 SC 287) no decree can now be passed in favour of the petitioners-pre-emptors on the ground of kinship and ownership in the estate. There is no merit in this revision petition and the same is dismissed with no order as to costs.