' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by vendees/defendants side from Judgment dated 9-11-1980 of the Lahore High Court whereby petitioners' first Appeal against order passed by the lower appellate Court under section 22 of the Punjab Pre-emption Act condoning the delay in the deposit of Zare Panjam by the respondents/plaintiffs/ pre-emptors side, was dismissed.
2. The pre-emptors' plaint was rejected for non-deposit of the Zare Panjum within time. Their appeal before the District Court succeeded on the ground that their application for extension of time for the deposit of Zare Panjum was not disposed of by the trial Court before the target date and thus they were deprived of the opportunity to make the deposit within the specified time. The respondents' plea having been accepted, the order of the trial Court was set aside and the case was remanded for fresh decision on merits.
3. It is an old matter. There was no stay order by this Court. A possibility that the suit has already been decided, cannot be ruled out. In case a decree has been passed in favour of the respondents-side, it should not now be set aside merely on the ground that the First Appellate Court should not have condoned the delay in the deposit of the Zare Panjum.
4. After hearing the learned counsel, we are of the view that the approach of the learned first appellate Court and of the High Court regarding extension of time under section 22 of the Punjab Pre-emption Act is based on sound reasoning and is thus unexceptionable. This petition, therefore, fails and is dismissed.