1. ' MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought by the plaintiffs side in a suit for declaration; against the dismissal by the High Court, of their Civil Revision. It had arisen out of the plea of the plaintiff to enforce an agreement of sale in his favour and at the same time to seek annulment of a sale by the same vendors in favour of respondent No,4 as collusive, without consideration, and of no effect against his interests. The petitioner's suit was dismissed by the trial Court mainly on the ground of it having been presented in a wrong form. The appellate Court upheld the dismissal of the suit. The High Court also upheld the same on similar grounds including one relating to non-joinder of parties.
2. After hearing the learned counsel we consider it a fit case for examination of the questions raised in this petition as also the questions; whether, the principles of Islamic Law with regard to the duties of a vendor in cases like the present one would not be attracted; if so, with what would effect. Leave to appeal has already been granted on this latter question in Muhammad Abdullah (deceased) represented by Alam Bibi and 8 others v. Mumtaz Begum and 5 others C.P.-718 of 1985, today, though it is to be stated the facts in both the cases are not similar.
3. ' Security--Rs,5,000.
4. ' The appeal shall be prepared on the present record with direction to parties to file all essential documents.
5. ' Both the appeals arising from this and the aforestated case shall be heard together.