Law:

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(a) Limitation Act (IX of 1908) S. 3 Limitation Question whether appeal barred by limitation not disputed in first round of litigation between parties even though matter going upto Supreme Court Lack of action for more than 3 years before filing appeal, held, indicates party's disinterestedness. (b) Constitution of Pakistan (1973) Art. 185 (3) Question of fact not raised at any time through¬out protracted litigation between parties, held, cannot be allowed to be agitated for first time before Supreme Court in second round of litigation. [ Question of fact]. Abdul Majid Khan, Advocate Supreme Court and Sh. A. Karim, Advocate on Record for Petitioners. Nemo for Respondents. Date of hearing: 24th January; 1980. ORDER NASIM HASAN SHAH, J. The dispute relates to Property No. 290 B III Pakpattan, Sahiwal, which comprised two shops, a residential house at the back and a choubara on the top. The said property was in possession of the petitioners who being locals filed L. H. form for the transfer of only a residential portion including the chaubara, in their possession. Their L. H. form was, however, rejected by the Deputy Settlement Commissioner vide his order dated 4th December, 1959. This order may be quoted here in extenso: "Unit No. 290/B Ill Montgomery are two shops along with chaubara situated in the main Pakpattan Bazar. It, is a commercial area. These shops are in possession of a local as well as the house attached to it. This cannot be separated as such it will go in auction along with the residential portions. L. H. form submitted by Abdul Majid, Fazal Karim are hereby rejected." Thereafter, the property was auctioned in favour of respondents on 9th February, 1960 and the said auction was confirmed by the Additional Settlement Commissioner on the same day. On 23rd April, 1963, some 3 years after the rejection of their L. H. forms, the petitioners filed an appeal against the order dated 4th December 1959 whereby their L. H. form was rejected. This appeal was dismissed by the Additional Settlement Commissioner on the twin grounds that as the transfer of the property in favour of the respondents was confirmed by an co ordinate authority, namely, Additional…

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