Law:

Section:

(a) Civil Procedure Code (V of 1908)--- S. 9-Civil Courts-Jurisdiction -Suit based on a deed executed by petitioner in Pakistan stating land in dispute allotted to petitioner in lieu of abandoned land in India to be treated and considered as ancestral land and to devolve upon death of propositus on his legal heirs according to Shariat law-Relief claimed also confined to possession of land situated in Pakistan-No relief whatever claimed relating to any property situated in India-Contention regarding civil Courts in Pakistan having no jurisdiction to entertain suit devoid of force in circumstances-Reference to an arrangement made in plaint under which plaintiff's father fictitiously transferred land situated in India in name of petitioner in order to build up his status as a candidate for post of Lambardar in their native village in India-Petitioner afterwards after migration executing deed recognizing property to be ancestral land and subject to devolution according to Shariat Law on all heirs of prepositus in recognition of such arrangement-Arrangement in India, held, merged and culminated in document executed in Pakistan forming basis of suit and reference to such arrangement having been made merely to serve as a background to dispute and did not form any part of its cause of action.[Evidence]. (b) Civil Procedure Code (V of 1908)- -- S. 100-Second appeal-Plea neither raised by defendant in his written statement nor any specific issue framed in such regard---High Court, held, fully justified in not entertaining objection necessi­tating enquiry into disputed question of fact.-[Second appeal]. (c) Civil Procedure Code (V of 1908)- ----S. 100-Second appeal-Contention that on a particular point expressly pleaded in written statement no finding given-No issue at all on such point having been claimed at trial by petitioner nor such objection raised in lower appellate Court-Objection, held, deemed to have been waived and High Court justified in repelling such contention.-[Second appeal] (d) Constitution of Pakistan (1973)- --- Art. 185(3)-Leave to appeal to Supreme Court-Finding on issue concluded by concurrent finding of fact recorded by trial Court as well on first…

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