Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)-------Arts. 30 & 36---Admission as conclusive proof of fact---Admission, could be relevant, but not conclusive proof of fact which could be proved to be incorrect or to have been erroneously made. (b) Constitution of Pakistan (1973)--- ----Art. 185(3)---Civil service---Confirmation of service---Name 'of petitioner as dropped, though junior to him were confirmed by Authority through office order--- Courts below had concluded that injustice was done to petitioner as he was also entitled to be confirmed alongwith others---In absence of any illegality and misreading or non-consideration of any material pieces of evidence, findings of courts below could not be interfered with by Supreme Court. (c) Constitution of Pakistan (1973)-- ----Art. 185(31---Petition for leave to appeal---Point not raised before High Court raised before Supreme Court---Validity---Petitioners took objection before Trial Court to the effect that Court was not vested with jurisdiction to entertain suit filed by plaintiff/respondent---Trial Court framed preliminary issue in that regard and decided same against petitioners/defendants through separate and independent order which order was challenged by petitioners in memo. of appeal before High Court---High Court in its had not mentioned about raising of said objection-- -Presumption could be raised that said objection was neither taken nor argued by petitioner before High Court---Petitioners, in circumstances, could not be allowed to take and argue said objection in petition for leave to appeal. Sahibrada Anwar Hamid. Advocate Supreme Court with Ch. Talib Hussain, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 9th February, 1998. JUDGMENT MUNIR A. SHEIKH, J.---Leave to appeal is sought against the judgment, dated 14-7-1997 of the Lahore High Court through which R.S.A No. 1123 of 1970 filed by the petitioners against the judgment of the learned Additional District Judge, Lahore, dated 24-3-1970 through which their appeal against the judgment and decree of the trial Court, dated 30-4-1969 by which the suit filed by the respondent for declaration and permanent injunction was decreed,…

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