(1.) The appeal has been restored to original number vide order of date passed on restoration application, as requested by learned counsel for the parties, I proceed to decide finally at this stage.
(2.) Heard Sri J.H.Khan, learned counsel for the appellant and Sri M.A.Qadeer, Senior Advocate, assisted by Sri Shamim Ahmad, Advocate for respondents 1 and 2.
(3.) This is defendant's second appeal. This appeal was presented in this Court on 2.2.1978. No substantial question of law have been set out in memo of appeal and while admitting it on 2nd February, 1978, this Court also did not formulate any substantial question of law.