Law:

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Constitution of Pakistan (1973)----Art. 185(3)--Civil Procedure Code (V of 1908), S.100--Evidence Act (I of 1872), S.115--Second appeal--Admitted facts--Inferences arising from admitted facts does amount to question of law in certain cases-­Question whether facts of case could be said to constitute waiver of a right, in circumstances, held, would not merely a question of fact and could be examined in second appeal. Shahid Hussain Kadri, Advocate Supreme Court and M. Aslam, Advocate-on-Record for Petitioner. Abid Nawaz, Advocate-on-Record for Respondent. Date of hearing: 23rd November, 1985. ORDER NASIM HASAN SHAH, J.--The question involved in this case was whether the petitioner, who was a pre-emptor, could be considered to have abandoned his right, through waiver- The learned Judge in the High Court very carefully considered this aspect of the matter and after discussing the entire evidence on the record reached the conclusion that the circumstances of the case "amply support an inference of waiver against the…

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