' MUNIR A. SHEIKH, J.---Three suits to pre-empt the sale made in favour of the petitioners were filed in the trial Court. Suit No,226 of 1967 filed by Fateh Khan was dismissed as withdrawn; the plaint of Suit No,315 of 1964 filed by Sher Muhammad and Mst. Sohagin was rejected for want of cause of action and also non-compliance with the order of the Court to make up deficiency in the court-fee; the third suit filed by Sajjad Hussain alias Ejaz Hussain and Kaniz Kulsoom alias Shamim Akhtar was, however, decreed through judgment, dated 21-12-1970.
2. The judgment impugned in this petition has been passed in appeal filed by Sher Muhammad and Mst. Sohagan and the case has been remanded by giving direction that before proceedings to reject the plaint of their suit, they should have been given opportunity to make up deficiency in the court-fee.
3. Learned counsel for the petitioners submitted that at no stage of the proceedings before 31-7- 1986 when the judgment is Said Kamal Shah's case (PLD 1986 SC 360) became effective, a decree of pre-emption was passed in favour of Sher Muhammad and Mst. Sohagan, therefore, in view of the law declared subsequently by this Court and also as provided in the new Preemption Act promulgated in 1991, their suit cannot now be decreed even if there are granted time to make up deficiency in the court-fee and the same is made good and they are held to right of pre-emption according to the old Pre-emption Act, as such, the remand of the case was not justified and proceedings after remand would be exercise in futility.
4. Leave is granted to consider, inter alia, the above contention.
5. The operation of the impugned judgment, dated 26-1-2001 of the Lahore High Court is hereby suspended and further proceedings before the trial Court shall remain stayed till the disposal of the appeal.
6. Since short point is involved in this appeal, therefore, the same shall be listed for hearing in the month of November, 2001.