' JAVED IQBAL, J.---This petition for leave to appeal is directed against the judgment dated 30-11- 2000 passed by learned Peshawar High Court, Peshawar, whereby Regular First Appeal preferred on behalf of Chairman, Sarhad Development Authority, Peshawar Cantt., and Secretary to Government of N.-W.F.P., Industries, Commerce, Labour, Mineral Development and Transport Department, Peshawar has been dismissed and the order dated 13-4-1994 of learned Senior Civil Judge, Peshawar has been kept intact.
2. Precisely stated the facts of the case as enumerated in the judgment impugned are to the effect "that the respondent Said Anwar and Company through an agreement deed dated 1-3-1988 purchased from Sarhad Development Authority a sick Unit/Project known as "Peshawar Cold Storage" alongwith land, building and machinery for a sale consideration of Rs,1,32,00,000. The Provincial Government in the Industries, Commerce, Labour, Mineral Development and Transport Department through its Secretary executed an undertaking to the effect that the lease execution of the Cold Storage wouldbe completed within 90 days of the signing of the agreement between the S.D.A. And respondent-Company. The respondent-Company on 14-11-1993 instituted a civil suit against the Chairman, Sarhad Development Authority, Peshawar and the Secretary to Government of N.-W.F.P. Industries for specific performance to the effect that the defendants be directed to hand over the vacant possession of the land and to execute lease deed in respect of the said land as undertaking by them vide undertaking dated 6-3-1988. The defendant-appellants did not attend the Court during proceedings of the suit and. Therefore, they were proceeded against ex parte on 25-1-1989. The S.D.A., however, filed an application for setting aside the ex parte order passed against S.D.A., and the same was accepted on 6-3-1989. Thereafter only S.D.A. Contested the suit till 13-4-1994 when on the said date, with the consent of the learned counsel for S.D.A. And the plaintiff, the following order was passed:- "counsel for the plaintiff and defendant No,1 present. Following order is made with the consent of the parties:-- "Decree for specific performance of undertaking dated 6-3-1988 in terms of memorandum of agreement dated 1-3-1988 (mentioned as 2-3-1988 in undertaking) is granted in favour of the plaintiff. The payment shall be made in accordance with the memorandum of agreement dated 1- 3-1988 and shall run from 9-3-1988. The plaintiff shall abide by the agreement mentioned above."
' Being aggrieved the petitioner preferred Regular First Appeal which has been dismissed vide judgment impugned, hence this petition.
3. After having heard learned counsel for the parties at length and perusing the entire record, we are inclined to grant leave to appeal to Consider the following points having substantial bearing on the fate of the case:--
(i) What should be the significance and import of the undertaking given by the Secretary to Government of N.-W.F.P., Industries, Commerce, Labour, Mineral Development and Transport Department, Peshawar on 6-3-1988, can it be equated to that of an agreement and could it be enforced by filing a suit for specific performance and whether such suit would be maintainable and the binding effects of such undertaking on the Provincial Government.
(ii) Who is the owner of the land regarding which an undertaking dated 6-3-1988 has been given by the Secretary to Government of N.-W.F.P., Industries, Commerce, Labour, Mineral Development and Transport Department, Peshawar.
(iii) Whether the undertaking dated 6-3-1988 given by the Secretary to Government of N.-W.F.P., Industries, Commerce, Labour, Mineral Development and Transport Department, Peshawar, pertained to the land underneath the Peshawar Cold Storage or the surrounding lands were also included in it.
(iv) Whether the possession of the Peshawar Cold Storage had been handed over to the respondent on 3-9-1988 which was taken over without any protest.
(v) Whether it is a case of misjoinder or non-joinder of necessary parties and application submitted for impleadment of necessary parties has been disposed of in accordance with law or otherwise.
(vi) Whether the suit of plaintiff has been filed to achieve ill-gotten gains with ulterior and malicious intentions to avoid his commitment and obligation qua the payment of the amount for the purchase of Peshawar Cold Storage.
(vii) Whether Government of N.-W.F.P. Was a party to the transaction made between Sarhad Development Authority Peshawar and Messrs Said Anwar & Company.
(viii)Whether the consenting order dated 13-4-1994 can bound down A the Provincial Government when the consent was given only by the Sarhad Development Authority.
(ix) Whether the Provincial Government can file appeal in view of the ex parte proceedings already finalized against it.
' The petition is converted into appeal which may be fixed at some early date. The operation of impugned judgment shall remain suspended till disposal of this appeal. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.