Law:

Section:

Constitution of Pakistan (1973)--- Arts. 185 (3)-Leave to appeal-New point-Plea raised before Supreme Court never raised before any of departmental forums­ Point also of factual nature requiring decision whether a particular person survived his propositus-High Court also not permitting to raise such question in view of its being not supported by any authentic evidence-Petition pending for about 5 years and no evidence available to support plea-No question of remand, held, arose in circumstances and petition for leave to appeal liable to be dismissed. ORDER KARAM ELAHEE CHAUHAN, J.-It is not necessary to go into the lengthy detail of the litigation through which this case passed and it will be sufficient for our purpose to state that the petitioners, who are sons and daughters of Mst. Jaini, claimed a share in the land in dispute on the ground that they are heirs to the propositus Nazir Ali. It was found that the petitioners were "distant kindred" and as such could not get any share in the land in the presence of the respondents who were "residuaries" of category No. 3 and who as such had a preferential right to exclude them. 2. The petitioners filed a constitutional petition being W. P: 322-R/65, but without any success as the same was dismissed by the High Court on 15-1-1975. 3. The petitioners have come up in a petition for special leave to appeal against the same to this court. 4. Learned counsel could not challenge the finding that his clients belonged to the category of "distant kindred" as against the respondents who were…

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