Law:

Section:

(a) Civil Procedure Code (V of 1908)--S.100---Second appeal---Faith---Determination---First Appellate Court had found as a fact that deceased was not a Shia by faith and evidence produced to the contrary did not come up to the legal standards---Resolution of the question about the faith of a person by First Appellate Court, in circumstances, could not be interfered with under S. 100, C.P.C. in the absence of any misreading or disregard of material evidence on the file. (b) Muhammadan Law-- ----Faith---Determination---Plea was that deceased was a Shia Muslim--­Registration of subscription though had been maintained by the Shia Sect in the village but that was not produced by the party claiming that deceased was Shia which would adversely affect their claims---Claim that deceased was holding "Hazari" of Hazarat Abbas was not substantiated by any witness--­Fact that Jenaza of the deceased was led by a Sunni Muslim though Shia Muslim was available to lead the Jenaza was inexplicable---Finding of the First Appellate Court that deceased was a Sunni Muslim was unexceptionable in circumstances. (c) Civil Procedure Code (V bf 1908)--- ----S.100---Second appeal---Respondent had neither raised the plea that appeal was beyond time nor took such stand in its memorandum of second appeal---High Court was justified to disallow to raise the point of limitation in second appeal. (d) Limitation--- ----Second appeal---Respondent had neither raised the plea that appeal was beyond time nor took such stand in its memorandum of second appeal---High Court was justified to disallow to raise the point of limitation in second appeal. Ahmed Raza Khan Qasuri, Advocate Supreme Court with Syed Abul Aasim Jafri, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 26th November, 1999. JUDGMENT CH. MUHAMMAD ARIF, J.---Through this petition under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973 leave is sought against judgment and decree, dated 6-5-1999 passed by the Lahore High Court, Lahore in R.S.A. 908 of 1978 whereby the said R.S.A. of the present petitioner and her mother Mst. Rabia Bibi, now deceased, was dismissed with the result that the…

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