Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Constitution of Pakistan, 1973

Section: 185(3)

Civil Procedure Code (V of 1908)--   --S.115--Constitution of Pakistan (1973), Art. 185(3)--Acquiescence-­Question of estoppel--Trial Court striking off issue regarding estoppel with consent of counsel for both parties--None of them felt aggrieved nor challenged order by way of appeal, revision or review-­Subsequently suit dismissed by trial Court on ground of estoppel-- Order reversed on appeal on the ground that trial Court was not justified to pass. a different order on same issue when it was declare to be redundant--Decision upheld in revision-- If to appeal--Plea that notwithstanding statements of counsel for parties, it was duty of the Court to examine whether the controversy regarding estoppel really existed or not, repelled--Petitioners counsel having led respondents side and Trial Court to believe that question of estoppel was no, more relevant for discussion /decision, they would not ordinarily be permitted to reagitate the matter unless some special circumstance is pleaded in this behalf, and particularly so when the point was not pressed in High Court either--Nothing having been said about conduct of petitioners counsel before trial Court and High Court, nor any other special circumstance having been pleaded, petitioners not permitted to re-open the question which stood closed by statement of their counsel--Leave to appeal refused. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by defendants side in a declaratory suit, against the dismissal of their Civil Revision by the High Court. According to the learned counsel, the respondent-plaintiffs suit was dismissed as time-barred and also on ground of estoppel. These findings were reversed by the District Court on respondents appeal and the suit was decreed. The petitioners having failed in the High Court in its revisional jurisdiction, have now sought leave to appeal. Learned counsel initially raised two points; one of limitation and the other of estoppel. After some arguments, he specifically gave up the point of limitation and pressed only the question of estoppel. The learned Judge in the first appellate Court dealt with the question of estoppel as follows:-…

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