' RUSTAM S. SIDHWA, J.---This is an appeal by Ghulam Rasool and others, appellants, against the decision of a learned Single Judge of the Lahore High Court, dated 11-7-1989 accepting the revision petition filed by Faiz Bakhsh, respondent, setting aside the impugned judgments of the Courts below and dismissing the suit of the appellants.
2. The short point for discussion in this appeal is whether a pre-emption suit decree by the trial Court before 30-7-1986 could ultimately be decreed by a competent Court after the said date when the Federal Shariat Court struck down certain provisions of the different provincial laws regarding pre-emption as being contrary to the Qur'an and the Sunnah. In Sardar Ali's case PLD 1988 SC 287 at 320 and 344 this Court answered the said question in the affirmative. In the instant case an ex parte decree was passed by the Court in favour of the appellants on 17-7-1982. In these circumstances, the suit could have proceeded after 31-7-1986 and decreed by a competent Court.
The view of learned Single Judge that because the ex parte decree dated 17-7-1982 was set aside by the appellate Court on 17-5-1983, no decree by the trial Court deciding the suit existed before 31-7-1986, cannot be accepted. In these circumstances, following the rule laid down in Sardar Ali's case (supra) we have no hesitation in holding that the view of the learned Single Judge is not legally correct and deserves to be rectified.
3. For the foregoing reasons, this appeal is accepted, the judgment of the learned Single Judge, dated 11-7-1989 is set aside and the judgments of the two Courts below dated 14-7-1988 and 18-4- 1989 are restored. There shall be no order as to costs.