- (1.) Heard learned counsel for the parties.
(2.) Leave granted.
(3.) Challenge in this appeal is to the judgment dated 29.10.2004 passed by a learned Single Judge of the Punjab and Haryana High Court in a Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908 (in short "CPC"). The Second Appeal before the High Court was filed by the plaintiff who had succeeded before the Trial Court; but the First Appellate Court set aside the judgment and decree passed. In the Second Appeal, the judgment and decree of the Trial Court was restored and those of the First Appellate Court were set aside. The respondent as plaintiff filed a suit for pre- emption.;