1. ' USMAN ALI SHAH, J.--The petitioner seeks leave to appeal against the judgment of the Peshawer High Court, dated 16-4-1988, whereby his civil revision against the judgment of the Addl. District Judge Lakki dated 7-12-1987, was dismissed.
2. The suit for possession of a house was brought through pre-emption on payment of Rs,1,300 by Rah Nawaz plaintiff-respondent which after contest by the defendant-petitioner, was decreed in his favour by the Addl. Civil Judge, Lakki Marwat vide his order dated 18-5-1987. Appeal of the defendant was dismissed by the learned Addl. District Judge Bannu at Lakki, as not pressed, vide his judgment dated 7-12-1987. A revision was filed before the Peshawar High Court, Circuit Bench, D.I. Khan alongwith an affidavit of the Advocate for the defendant/petitioner denying having given any statement before the first appellate Court that he has not pressed the appeal. The learned Single Judge dismissed the revision petition in limine vide his judgment dated 16-4-1988. Hence this petition for leave before this Court.
3. ' After hearing the learned counsel for the petitioner in support of his petition, he failed to convince us as to why the Presiding Officer of the Court would have recorded the statement on behalf of the party if it was not so stated before him. It is also urged that the order of the appellate Court was the result of some misunderstanding. It may be pointed out that the order of the appellate Court is dated 9-12-1987 while the certified copies of the documents alongwith the order of the Addl. District Judge were delivered on application of the petitioner on 16-12-1987 and the affidavit in support therefore before the revisional Court was filed bearing the date as 18-1-1988 which prima facie was properly held to be an afterthought and was not considered.
4. ' Thus under the circumstances of the case this petition has no merit which is hereby dismissed.