Law:

Section:

Limitation Act (IX of 1908)--S. 3---Constitution of Pakistan (1973). Art. 185(3)---Non-framing of issue on limitation---Effect--=Defendants although had raised objection regarding limitation but no issue was framed in that behalf nor defendants ever claimed such issue before Trial Court although suit remained pending for more than. three, years---Defendants did not, even, agitate/press such grievance in High Court--­Defendant's such grievance could not be entertained at leave granting stage before Supreme Court---Controversy between parties regarding their rights stood concluded by finding of fact recorded by Courts below after proper appreciation/evaluation of evidence/material brought on record---High Court while affirming concurrent finding of Courts below had rightly concluded that findings of Courts below unless found to be perverse, materially defective or patently illegal, could not be interfered with in exercise of revisional jurisdiction---Judgment of High Court proceeded on correct premises legal and factual, warranting no interference by Supreme Court---Leave to appeal was refused in circumstances. K.N. Kohli, Advocate-on-Record for Petitioners. M. Aslam Chishti, Advocate Supreme Court and S.A.M. Quadri, Advocate-on-Record for Respondent No. 1. Date of hearing: 4th July, 1994. JUDGMENT ZIA MAHMOOD MIRZA, J.---This is a petition for leave to appeal against the judgment of the High Court of ,Balochistan dated 13-5-1993 dismissing. the petitioners' revision petition (Civil Revision No. 321 /92) filed against the judgments of the Courts below decreeing the suit of plaintiff/respondent.. 2. Facts giving rise to this petition, briefly stated, are that Haji Jehangir respondent No.1 brought a suit against the petitioners in the Court of Qazi, Dalbadin in early 1988 to seek a declaration that his lands comprising Khasra No.854, 853 to 831 were irrigated from 'Gawaz Qadeemi known as Gawaz Mir Muhammad Ibrahim Khan and that none else including the defendants, the present petitioners had any right in the said Gawaz/water channel and, therefore, the petitioners had no lawful right to obstruct the flow of flood water or to divert its course to their lands. The…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492