1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the vendee side in a suit for pre-emption against the dismissal by the High Court of their regular second appeal. The impugned order reads as follow:- "This R.S.A. Arises out of the judgment dated 10-10-1982 of the learned Additioal District Judge Sialkot in a pre-emption suit. The only question urged by the learned counsel for the appellants in this appeal is that the . Suit was barred by time. Learned Additional District Judge Sialkot failed to advert to this aspect of the matter notwithstanding the fact that it was specifically taken in the memorandum of appeal as well as argued by Malik Amjad Pervaiz Advocate before the learned appellate Court.
2. ' Report was called for from the learned Additional District Judge Sialkot. He has specifically denied that the learned counsel addressed any arguments on the question of limitation in support of his appeal. This being so the question raised in this appeal is deemed to have been abandoned and I have no reasons to disbelieve the learned Additional District Judge. No other point has been urged before-me. In view of the above the appeal fails and is hereby dismissed in limine."
3. Learned counsel in fairness to the absence of respondents party has stated that the point of law involved in this case has been resolved by the Supreme Court after the filing of this petition for leave to appeal. He has cited Allah Yar Khan v. Mst. Sardar Bibi and others (1986 SCM R 1957).
4. ' Accordingly on account of this compulsion he was not able to press the petition. Leave to appeal, therefore, is refused.