1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the plaintiff side in a suit for declaration; against the acceptance by the High Court, of respondents/defendants' appeal after refusal by the 1st Appeal Court to set aside the order of dismissal of their appeal for non- prosecution.
2. ' The suit was decreed by the trial Court in petitioner's favour. Respondents' appeal was dismissed by the District Court for non-prosecution. It was not restored by that Court. The High Court, however, accepted the respondents' First Appeal against order (refusing to restore). Therefore, this plaintiff's petition for leave to appeal.
3. ' We have heard the learned counsel at a considerable length. He has also taken us through the relevant record.
4. After carefully examining all the points we are satisfied that while deciding first appeal, on merits, against the petitioner, the High Court was not only within its jurisdiction to do so but has also committed no error of law or principle. Leave to appeal is, therefore, refused.