' This F.A.O. Arises out of a suit for possession through pre-emption filed on 18-12-1979 in the Court of the Civil Judge, Sialkot. The right of pre- emption was claimed on the ground of being a collateral
(son) of the vendor. The trial Court dismissed the suit on 31-5-1980. The respondent preferred an appeal which was accepted by the learned Additional District Judge, Sialkot on 10-6-1982 and remanded the case for fresh trial in accordance with the law.
2. The respondent is represented by two learned counsels whose names have duly appeared in the cause list. Despite several calls, none of them has appeared. He is, therefore, proceeded against ex parte.
3. Admittedly, no decree was passed in favour of the pre-emptor at any stage of the litigation. Now in view of the pronouncements of the Hon'ble Supreme Court in the cases of Government of N.- W.F.P. Through Secretary, Law Department v. Malik Said Kamal Shah PLD 1986 SC 360 and Sardar Ali v. Muhammad All PLD 1988 SC 289 no decree can be passed in favour of the pre- emptor/respondents. The respondents cannot even take advantage of the provisions of section 35 of the Punjab Pre-emption Act, 1991 which covers the suits instituted or pending between the 1st day of August, 1986 and the 28th March, 1990 in which the right of pre-emption was claimed as was available under the said Act. In the present case, the suit was filed on 19-12-1979 and dismissed on 31-5-1980. Moreover, the ground embodied in the plaint for preemption is not available under the Act. Since no pre-emption decree can now be passed in favour of the plaintiff/pre-emptor, the proceedings in pursuance of the remand order shall be an exercise in futility. Therefore, this appeal is accepted, the remand order dated 10-6-1982 passed by the appellate Court is set aside and the respondent's suit ordered to be dismissed leaving the parties to bear their own costs.