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Civil Petition for Special Leave to Appeal No. 55 of 1970, y, decided on 8th April 1970.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 30th October 1969 in Regular Second Appeal No. 913 of 1969).
, S. 100‑Issue abandoned in lower appellate Court‑Held rightly disallowed by High Court to be reagitated in second appeal.
Abdur Rashid Sheikh, Senior Advocate Supreme Court instructed by Abdul Karim, Advocate‑on‑Record for Petitioners.
Nemo for Respondent.
Date of hearing : 8th April 1970.
This petition calls in question the judgment of a Division Bench of the High Court made in second appeal which arose out of a pre‑emption suit. The petitioner vendees resisted the respondent's pre‑emption suit on the ground that the sale being of an evacuee property, was not pre-emptible and secondly that the court‑fee had not been properly axed on the plaint. Both these issues were decided against the petitioners by the first Court. The petitioners filed an appeal to the District Judge wherein they had abandoned their contention about the sale being non‑pre‑emptible as it related to an evacuee property. In the second appeal in the High Court, both the points were re‑agitated. The learned Judges disallowed the petitioners to rake up the question of the non‑competency of the pre‑emption suit on the ground that they had abandoned that issue in the lower appellate Court. The objection as regards insufficiency of court‑fee was also decided against the petitioners.
The learned counsel for the petitioners has not touched the question of the court‑fees before us but has argued that the suit was incompetent for the reason that it related to the pre‑emption of an evacuee property.
The High Court has acted within its powers to refuse leave to the petitioners in agitating a matter which they had abandoned in the lower appellate Court and we feel that the petitioners cannot justifiably make any grievance out of it.
There is no merit in this petition which is dismissed.
Petition dismissed.
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