Law: Constitution of Pakistan, 1973

Section: 185(3)

Constitution of Pakistan (1973) Art. 185(3)-Leave to Appeal to Supreme Court - Petitioner withholding High Court's order, relevant to petition and such order having become final and fatal to petitioner's plea in respect of having not been served with notice regarding date fixed in suit by trial Court Suit remanded to trial Court not only for framing additional issues but also for recording further evidence-Question whether petitioner's suit fixed for hearing or not-A question of fact, not capable of being determined without record-Plea regarding date being not a date for hearing of suit not taken by petitioner in first appellate Court and taken for first time only in High Court-Petition, held, without merit and dismissed.-[Question of fact]. Date of hearing : 9th May, 1979.                                                                                                                                                ORDER DORAB PATEL, J.-There are two shops on Plot- No. 2 in Commercial Area No. 2, Malir, Karachi, in the Province of Sind and there is a dispute between the petitioner and the respondent about the title to one of these shops and the litigation between them about this shop which commenced fifteen years ago, threatens to go into the next decade. However, as suits other than the suit under appeal in this petition, are pending in the District Court, Karachi, we will not make any observation on the lengthy arguments of Mr. Nasim Farooqi and Mr. Ansar Hussain about the title to this shop. And it would be sufficient to observe here that the petitioner is in occupation of this shop and in February 1964, the respondent filed an eviction applica tion against him for his eviction in the Court of the Rent Controller, Karachi. The petitioner challenged the respondent's title, but as this issue…