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Constitution of Pakistan (1973)-----Art. 185(3)--Civil Procedure Code (V of 1908), 5.115--Issues not pressed /abandoned at trial--Not allowed to be agitated before High Court in Revision against of trial Court--Plea raised in Supreme Court that counsel who made this contention was never permitted to press material issues and that it being a pure question of law, be permitted to be re-agitated, disallowed--Petition being devoid of merits, dismissed. Maulvi Siraj-ul-Haq, Advocate Supreme Court and M. Afzal Siddiqui, Advocate-on-Record for Petitioners. Nemo for Respondent. Dated of hearing: 2nd February, 1986. ORDER MIAN BURHANUDDIN KHAN, J.--By this petition leave is sought to appeal against the judgment and order of the Peshawar High Court, Abbottabad Bench, date 2-12-1984 passed in Civil Revision No. 168 of 1983. 2. Muhammad Habibullah Khan, then minor, through Muhammad Ayub Khan, his next friend, filed a suit against the petitioners for possession by pre-emption of 52/54 share out of total area measuring 2 Kanals and 14 Marlas situate within the limits of Haripur Town Committee. Fazal Dad was added as defendant in the amended plaint as the first vendees Khudadad and Mansabdad had allegedly transferred the property to Fazal Dad (now dead) represented by petitioners Nos. 3 to 7. In the joint written statement the defendants in the suit, raised several legal and factual objections to the maintainability of the suit. The trial Court framed as many as 8 issues, and decreed the suit of the pre-emptor Muhammad Habibullah Khan on payment of Rs.36,000 as sale consideration. In appeal filed by the defendants /vendees against the judgment and decree of the trial Court only issue No. 6 i.e. whether a sum of Rs.36,000 was fixed in good faith or paid was pressed before the learned Additional District Judge while the rest of the issues were either not pressed or abandoned. The learned Additional District Judge, agreeing with the finding of the trial Court, dismissed the appeal. Revision petition filed before the High Court was dismissed, vide the impugned order with the following observation: "In this revision petition the learned counsel wanted to…

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