AIR 1939 LAHORE 517

Lahore High Court

Hon'ble Judge(s): Addison, Ram Lall , JJ

(A) Pre-emption -Punjab Government Notification No. 1718-R of 14th August 1936 is not retrospective (Per Skemp J. in Order of Reference). Notification of the Government of Punjab that no right of pre-emption shall exist with respect to land or property sold by public auction under the orders of the Court of Wards applies to future sales and does not affect the suit; by a pre-emptor to enforce his right in respect of sale held before ; 10 P R 1913; AIR 1919 Lah 222 and AIR 1922 Lah 344, Ref.(Para 518C1) (B) Punjab High Court Rules , Chap.3B Vol.V R.1(11)— Reference of second appeal by Single Judge to Division Bench - Practice - (Per Addison and Ram Lall JJ.). The established practice of all the High Courts in India is that a Division Bench from which no appeal lies except to the Privy Council has power to refer a point of law to a Full-Bench for decision, subject to the sanction of the Chief Justice. When however an appeal is before a Single Judge he is only entitled to refer the appeal to a Division Bench and not to decide a part of it first and then refer a question of law to a Division Bench.(Para 519C1) (C) Pre-emption - Waiver - Pre-emptor's attend....