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Initializing Secure Chambers
Petitioner: MUHAMMAD SIDDIQ and others VS Respondent: FATEH MUHAMMAD and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title: MUHAMMAD SIDDIQ and others vs FATEH MUHAMMAD and others Case No.: Civil Petition No, 80 of 1985 Date of Judgment:1988-06-07 Reported As: 1989 SCMR 57 Result: Leave refused
JUDGMENT
JUDGMENT ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by vendees in a pre-emption matter against the dismissal of their Civil Revision by the High Court. ' Learned counsel has contended that the suit land was in fact state land and was not subject to pre-emption. This very point was urged before the High Court in support of this revision petition, but the petitioners did not succeed because it had not been taken before the lower Court. The argument of the learned counsel is that although the plea could be established on the basis of the record available before lower Courts, the plea could not be taken due to inadvertence. Be that as it may, the fact remains that the respondents had no opportunity to lead evidence in respect of the plea, taken at a belated stage. Refusal by the High Court to exercise its revisional jurisdiction in these circumstances is unexceptionable. Leave to appeal accordingly is refused.