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Civil Petition No. 29‑P of 1984, decided on 10th March, 1984.
(On appeal from the judgment of Peshawar High Court dated 16‑1‑1984 in C.R. No.35‑D of 1981).
‑‑‑Art. 185(3)‑‑Point not pressed in High Court‑‑Held, cannot be permitted to be raised before Supreme Court‑‑Leave to appeal refused.
Syed Sibtul Hassan, Advocate Supreme Court and M. Qasim Imam Advocate‑on‑Record (absent) for Petitioner.
Nemo for Respondents.
Date of hearing: 10th March, 1984.
Leave to appeal has been sought from judgment dated 16‑‑1‑1984 of the Peshawar High Court, whereby a Civil Revision was dismissed and a decree for possession through pre‑emption passed in favour of the respondent (plaintiff) was upheld.
The petitioner, (defendant) has purchased the land in dispute through a Court decree. Respondents' suit for pre‑emption was decreed. Petitioner's appeal failed. He then filed a Civil Revision Petition in the High Court and pressed therein only the point regarding the pre‑emption money, It was however dismissed. Therefore this petition for leave to appeal.
Learned counsel for the petitioner has not pressed the point regarding the price. Instead tie sought to raise a new point regarding the nature of sale in his favour. In the circumstances of the case, he was riot permitted to do so as it was riot pressed in the High Court, we accordingly dismiss this petition.
S.Q. Petition dismissed.
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