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Civil Petition for Special Leave to Appeal No. 169 of 1.982, decided on 14th.June, 1982,

(Against the order of the Lahore High Court, dated 23‑1‑1982, passed in Civil Revision No. 1091 of 1981).

‑‑Art. 185 (3)‑Leave to appeal‑New ground‑Ground neither taken in written statement, nor at any other stage and even no issue framed on such ground‑Held, cannot be allowed to be urged at leave to appeal stage in Supreme Court.

A. K. Dogar, Advocate Supreme Court with Sh. Abdul Karim, Advocate on‑Record for Petitioner.

Ch. Hamid Mukhtar, Advocate Supreme Court with Tanvir Ahmad, Advocate‑on‑Record for Respondent.

Date of hearing: 14th June, 1982.

‑This petition by Nazir Ahmad is directed against the order of the learned Single Judge of the High Court, dated 23‑1‑1982, dismissing his civil revision arising out of a redemption of mortgage matter.

2. The learned counsel for the petitioner has urged that the Mortgage Deed was not only one for mortgage but also constituted a deed of lease in favour of the petitioner, and; therefore, possession of the suit land cannot be ordered to be delivered to the respondent. He, however, admits that this ground was not taken up earlier at any stage and was not even mentioned in the written statement. Therefore, no issue was framed on it. The petitioner cannot be permitted to raise this plea at this stage.

3. The petition is, therefore, dismissed.

Petition dismissed.

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