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Writ Petition No. 3445 of 1978, decided on 5th July, 1978.

‑‑ Arts. 203 & 199 and Civil Procedure Code (V of 1908), S. 96 Trial Court announcing judgment of dismissal of suit but later on its judgment revealing that it has decreed same‑Matter already before High Court on administration side‑No interference, held, possible on judicial side because petitioner filed appeal and taken these grounds in his additional grounds of appeal submitted before appellate Court.

Sh. Munir Ahmad for Petitioner.

This is a petition under Article 203 read with Article 199 of the Constitution. The complaint is that although the learned trial Court had announced the judgment of dismissal of the pre‑emption suit of respon dents Nos. 3 to 6, but later on the judgment revealed that it had decreed the suit. It further appears that this matter has already been brought to the notice of the High Court and the Member, Inspection Team is seized of it. The prayer is that the Court may take action against respondent No. 1 under its extraordinary supervisory jurisdiction.

2. The petition has two aspects ; one aspect is that it draws the attention of the High Court to an alleged irregularity and illegality said to have been committed by the trial Court, and the other is the quashment of the judgment and decree rendered by that Court.

3. So far as the matter on the administrative side is concerned, that is already before the High Court and I propose to bring this case to the notice of my Lord the Chief Justice.

4. No interference is possible on the judicial side since admittedly the petitioner has filed an appeal and has taken all these grounds in his additional grounds of appeal submitted by him before the appellate Court.

5. The learned counsel contends that it may not be possible for the learned appellate Court to make inquiry into these allegations by looking at the Peshi Register and other records. This apprehension is not correct, since it will be open to the learned appellate Court to make full inquiry while exercising its appellate jurisdiction into this complaint made by the petitioner.

6. The petition is, therefore, dismissed with this observation. .The learned appellate Court shall try to accelerate the hearing of this case as much as possible.

7. The matter will be laid before his Lordship the Chief Justice for his Lordship's information and such action as he might propose to take.

M. Y. H. Order accordingly.

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