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Constitution of Pakistan (1873)-----Art. 185(3)--Leave to appeal, grant of--Inconsistency in stand--In earlier round of litigation petitioner adopting a course of action succeeding in that and benefiting from A--Petitioner not allowed to turn round at later stage, raise a plea which was clearly inconsistent with course of action earlier chosen--Leave to appeal refused on this ground alone. Ch. Muhammad Hasan, Advocate Supreme Court for Petitioner. S. Iftikhar Ahmed, Advocate Supreme Court instructed by Mian Ata-ur-Rehman, Advocate-on-Record for Respondent No.3. Date of hearing: 11th November, 1985. ORDER S.A. NUSRAT, J.--The respondents instituted a suit for possession through pre-emption in respect of a house situated in Mohallah Qureshian, Bahawalpur which was allegedly sold through a registered sale-deed by Mst. Noor Bibi on 21-2-1978 to the respondents/ defendants. The respondents/ plaintiffs after closing their evidence applied for the production of certain documents through an application under section 151, C.P.C. By another application made under Order XIII, rule 2, C.P.C. the object of making the earlier application under section 151, C.P.C., was amplified. The said applications were allowed by the learned trial Court. The petitioner/ defendant herein challenged the said order through a revision petition before the High Court which was accepted by order, dated 23-2-1982 and the case was remanded to the trial Court with a direction to pass a speaking order. The learned Senior Civil Judge after due consideration rejected both the application of the respondents on 19-1-1983. The respondent challenged the said order before the High Court. The revision was allowed as per impugned judgment and the respondents were permitted to file the additional document. 2. The documents sought to be placed on the record were only two…

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