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Civil Petition for Special Leave to Appeal No. 25-p of 1980 decided on the 20^th of February 1980.

(On appeal from the judgment and order of the Peshawar High Court Peshaware dated 5-12-1979 passed in R. S. A. No. 5 of 1975)

--S. 151‑View of High Court that time to deposit value of suit land can be extended and its remark that counsel for other party had no objection to extension of time challenged on ground of no such concession having been made in High Court‑Held, proper course in circumstances to seek review of impugned order in High Court.

Anwarul Hassan Mir, Advocate and Nur Ahmad Khan,, Advocate‑on‑Record for Petitioner

Nemo for Respondent.

Date of hearing : 20th February, 1980.

‑This petition involves a short point for consideration. The respondent herein instituted a pre‑emption suit against the petitioner, in the Court of Civil Judge First class, Mansehra. The suit was decreed in his favour on the payment of Rs.12000 the respondent went in appeal to the court of the District Judge, Hazara, but the same was dismissed, vide his judgment dated 5^th December, 1974. Finally, the respondent went to the High Court in Second Appeal, and during the course of the arguments h expressed his willingness to withdraw the appeal, and to deposit the sum of Rs. 12,000 but only if the Court was to grant the extension of time to him in that behalf. The High Court took the view that under section 151, C. P. C., the time to deposit the said amount could be extended, and further that "the learned counsel for the respondent has no objection to the extension of time". It is this part of the order of the High Court that th petitioner is aggrieved, and seeks leave to appeal.

The contention of the learned counsel for the petitioner is that no concession had been made in the High Court on behalf of the petitioner in respect of the extension of time. In support of his contention he relied on the affidavit of Mr. Fazal Elahi, Advocate, who had appeared for the petitioner in the High Court, which supports him. However, when we pointed out to the learned counsel that the proper course for him ought to have been to seek the review of the impugned order of the High Court, he accepted the suggestion and made a statement from the bar that he is withdrawing this petition, and would institute in the High Court review proceedings against the impugned judgment.

In view of the statement made by the learned counsel, this petition is dismissed as withdrawn.

Appeal dismissed.

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