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Civil Revision No.1685 of 1983, decided on 27th June, 1983.

---S. 15--Civil Procedure Code (V of 1908) , S. 115 & O .I X , r . 6--Ex parte proceedings against petitioner vendee set aside in revision with consent of contesting plaintiff /respondents in interest of early disposal of their suit--Suit all along defended by other co-vendees of petitioner--Held, there would be no point in throwing open entire suit for de novo trial in circumstances--Petitioner, held, would be entitled to join proceedings only from now onward with liberty to produce new evidence if any as may not have been brought on record by other defendants.

Jahangir A. Jhoja for Petitioner.

Pervaiz I. Mir for Respondents Nos.1 and 2.

Nemo for the Remaining Respondents.

Date of hearing: 27th June, 1984.

This revision petition arises out of a suit for pre-emption filed by respondents Nos.1 and 2 against 7 vendees. Out of whom Muhammad Nishan is the petitioner and the remaining 6 are respondents Nos.3 to 8. All the vendees have common interest. Moreover, they include one father and 4 real brothers of the petitioner. Thus, the vendee respondents do not appear to have any reason to oppose this revision petition. The real contest appears confined only between the petitioner and respondents Nos.1 and 2 who" are the plaintiffs in the suit. As such, it is not necessary to wait for the remaining respondents to put in appearance.

2. Mr.Pervaiz I.Mir, Advocate, for the plaintiff-respondents Nos.1 and 2 has put in C.M.No.3151/C/84 to indicate that in the interest of early disposal of their suit they do not propose to contest this revision petition, which, they have prayed, may be accepted. The revision petition is, therefore, accepted as aforesaid. No order as to costs.

3. As a result of acceptance of this revision petition, the relevant order for ex parte proceedings being taken against the petitioner is set aside but since the suit has all along been defended by the co-vendees of the petitioner who may have already taken all the relevant pleas and, as such, there will be no point in throwing upon the entire suit for a trial afresh, therefore, in the interest of justice it is ordered that the learned trial Judge, will not enter upon a de novo trial of the suit and the petitioner will be entitled to join the proceedings only from now onwards with the liberty only to produce any such new evidence, if any, as may not have been brought on the record by the other defendants.

4. Learned trial Judge will make expeditious disposal of the suit, within a period of not more than 3 months in any case. Parties are directed to appear before the learned trial Judge on 15-7-1984 and trial Court's record will be sent back immediately.

5. Civil revision stands disposed of as indicated above.

M.B.A. Revision disposed of.

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