' MUHAMMAD BASHIR KHAN JEHANGIRI, J.--In a suit for possession by pre-emption of certain land, the learned trial Judge directed Habibullah Khan pre-emptor to deposit Rs,1,00,000 in cash and to furnish Bank Guarantee to the tune of Rs,2,00,000 in the Court before 21-10-1989. In compliance with the said order, the pre-emptor deposited Rs,1,00,000 in cash on 12-10-1989 and furnished on 5-10- 1989 from National Bank of Pakistan, Lakki, a certificate which is to following effect:-- "Certified that Mr. Habibullah Khan son of Sahib Khan is maintaining his account with us since 21-9- 1989. He is our valuable client, has sound business and good reputation in the market. His financial position is satisfactory."
2. The vendee-petitioner moved on 21-10-1989 an application for dismissal of the suit. It was averred in the application that the certificate furnished by the pre-emptor-respondent did not satisfy the legal requirement of 'Bank Guarantee' and, therefore, the suit was liable to dismissal on this score alone. This application was resisted by the pre-emptor. The learned trial Judge held the view that since "N.W.F.P. Pre-emption Act, 1987 (hereinafter called as the Act) is silent about the form and specimen of bank guarantee the intention of the legislature behind enactment of section 24 of the Act is to discourage false, vexatious and frivolous claims of pre-emption and that the bank guarantee given by him is not bogus on account of non-deposit of Rs,2,00,000 at his credit" and thus he was not persuaded to dismiss the suit.
3. This order was challenged by the vendee petitioner in a revision under section 115 of Code of Civil Procedure, 1908, which was also therein, is erroneous and runs counter to the law declared by the Supreme Court of Pakistan in Mrs. Zarina Khawaja v. Agha Mahboob Shah (PLD 1988 SC 190). That being so, impugned judgment of the Additional District Judge is not sustainable and the appeal filed by the respondent No,1 has not been decided by him in accordance with law.
' For the foregoing reasons, this petition succeeds. The impugned judgment of the Addl. District Judge is declared to be without lawful authority and of no legal effect, with, the result that the appeal filed by respondent No,1 shall be deemed to be pending before Addl. District Judge, Faisalabad, and shall be decided afresh. The petitioner shall appear before District Judge, Faisalabad, on 2nd May, 1991, who may either hear the appeal himself or entrust it to any other Court of competent jurisdiction. As no one has appeared for the respondent to contest this petition, there shall be no orders as to costs.