Law:

Section:

(a) Constitution of Pakistan (1973) Art. 185(3) read with North West Frontier Constabulary Act, 1915, S. 17(3) Limitation Petitioners, at any stage of proceedings in either of Courts below, not pleading bar of S. 17 Objection, held, could not be equitably examined at leave to appeal stage in Supreme Court on facts and in circumstances of case. [Limitation]. (b) Constitution of Pakistan (1973) -- . Art. 185(3) Leave to appeal to Supreme Court Objection that Government was not responsible for acts of its employees neither raised in trial Court nor in High Court Submission about non¬joinder of necessary parties expressly dropped in 13igb Court Objec¬tion not allowed to be raised at leave to appeal stage in Supreme Court Contention that counsel's concession on a question of law could not bind party concerned, held, correct, yet concession having been made with reference to S. 99, Civil Procedure Code, 1908, proper concession Civil Procedure Code (V of 1908), S. 99. [Leave to appeal to Supreme Court]. ORDER DORAB PATEL, J. The respondent in this petition is a Doctor. He was working in the Lady Reading Hospital in Peshawar in 1971, and on 23rd of December 1971. he was returning home to his village, Sheikhan. About two furlongs from the village at about 6-30 P.M the Frontier Constabulary repeatedly fired at his car with the result that the respondent and other persons, who were in the car with him, were hit. The respondent's jaw and half of his tongue were completely blown away by the shots fired at him. This shocking incident led to an enquiry by Mr. Justice Abdul Hakim of the Peshawar High Court, who held "that the firing by the Constabulary wav uncalled for. In these circumstances it is not surprising that the second petitioner offered to compensate the respondent for the brutal attack on hire, but as the Government offered only Re. 1 lac as damages, the respondent rejected this offer and filed a suit for damages against the petitioners In the Court of Senior Civil Judge, Peshawar for a sum of Rs. 5 lace. The suit was contested by the petitioners, and although the pleadings of the parties have not been filed, it would appear from the judgment of tike triad Court…

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