Law:

Section:

Civil Procedure Code (V of 1908)--O. XIV, R. 1---Constitution of Pakistan (1973), Art. 185(3)---Right of irrigation of land---Non-framing of proper- issues by Court---Such objection having been raised before High Court, was duly dealt with and repelled for good reasons by it---If, however, any issue necessarily arising from pleadings was not framed by Trial Court, plaintiffs could and should have claimed such issue from that Court---Plaintiffs having taken no steps in that direction at appropriate stage, were not entitled to any relief at such belated stage---No issue having been framed by Trial Court relating to width of private drain of plaintiffs, they could not legitimately claim any finding with respect thereto on basis of entry in Field Book---Such contention, however, was not pressed/urged by plaintiffs before High Court---High Court had correctly maintained concurrent findings of Courts below---No good ground was pointed out for grant of leave to appeal---Leave to appeal was refused in circumstances. Petitioner No. 1 in person, Nemo for Respondents. Date of hearing: 5th 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 6-7-1993 dismissing the petitioners' revision petition (Civil Revision No.115 of 1993) directed against the judgments of the Courts below whereby the petitioners' suit and appeal were dismissed. 2. Facts giving rise to this petition, briefly stated, are that the petitioners brought a suit for declaration and permanent injunction against the respondents contending that both the parties (the plaintiffs and the defendant) held joint rights to irrigate their lands from the water-channels in Khasra Nos.411/432/441 situate in Mahal Yakh Aab, Mauza Tirkha Kansi, Tehsil and District Quetta, their respective shares in the water being 2/3 and 1/3 that about 25 years back, the predecessor-in-interest of the plaintiffs/petitioners excavated/constructed 9/10 Lamboors (open service wells) in Khasra No.411 for irrigating his adjoining lands and ever since the establishment of the 'Lamboors', the adjoining lands of the petitioners and the respondents have been…

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