' QAZI MUHAMMAD FAROOQ, J.---This petition for leave to appeal is directed against the judgment, dated 22-2-1999 passed by a learned Single Judge of the Lahore High Court in Civil Revision No,251 of 1997.
2. The relevant facts are that through an application under section 12(2), C.P.C. The judgment and decree dated 26-4-1992 passed by the learned trial Court in favour of the petitioner was challenged by respondent No, 1 . Issues were duly framed but the application was dismissed, vide order, dated 28-5-1995, on account of the failure of the respondent to adduce evidence. The appeal filed by the respondents was, however, allowed by the learned appellate Court on 9-10- 1995 and the case was remanded to the learned trial Court with a direction that it be decided by allowing one opportunity of adducing evidence to the respondents. Feeling aggrieved the petitioner took the matter in revision before the High Court but his revision petition was dismissed with the following observations:- ' "In order to cater the situation I direct the Court below to only afford an opportunity, which has already been given by the Court in appeal to the respondents to adduce evidence and in any case the trial of the application under section 12(2), C.P.C. Be completed within three months. Any request for interim relief by the petitioner can be agitated before the Court below."
3. After hearing the learned counsel for the petitioner and going through the record we find that the impugned order does not suffer from any legal infirmity so as to warrant interference. The material available on record shows that the witnesses of the petitioner were present on several occasions but their statements could not be recorded on account of non-availability of the file of the previous suit. Consequently, the petition is dismissed and .