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Petitioner: DOST MUHAMMAD and another VS Respondent: MOMAND and another
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title: DOST MUHAMMAD and another vs MOMAND and another Case No.: Civil Petition No, 814 of 1987 Date of Judgment:1988-06-06 Reported As: PLJ 1980 Supreme Court 252, 1989 SCMR 89 Result: Leave refused
JUDGMENT
JUDGMENT ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the vendees' side in a pre- emption matter against the dismissal of their Regular Second Appeal. They have lost throughout. ' Learned counsel has contended that the respondents' suit should have been dismissed as time- barred, on account of prior physical possession obtained by the vendees' side. He, however, admitted that this question of fact was raised for the first time in the High Court (when an earlier Regular First Appeal had been filed which was, later decided by the District Court as first appeal). He further stated that the point was raised through an application for amendment of the written statement which was ultimately dismissed by the District Court while dismissing the first appeal. When pointed out to the learned counsel that the first appeal Court or for that matter, the High Court, is not obliged to examine the question of limitation which was not raised before the trial Court as held by this Court in Muhammad Ishaq v. Shah Muhammad (1985 SCMR 799), and Allah Yar Khan v. Mst. Sardar Bibni (1986 SCMR 1957) he did not press the petition any further. The same is accordingly dismissed.