Law:

Section:

West Pakistan Land Revenue Act (XVII of 1967)------S.172---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal--­Contention of petitioners that question of jurisdiction of Court should have been decided first by Trial Court, was finally repelled by High Court in exercise of Constitutional jurisdiction holding that since issue relating to Court's jurisdiction involved factual controversy regarding nature of suit land, Courts below rightly observed that issue could not be decided without recording evidence---View taken by High Court, being in accordance with law petition for leave to appeal was dismissed. ORDER GHULAM MUJADDID, J.---The petitioners seek leave to appeal against the order of the Lahore High Court dated 5-7-1989 whereby their Constitution petition was dismissed in limine. The petitioners raised a preliminary legal objection pertaining to the jurisdiction of the trial Court. . Their grievance is that the question of jurisdiction should not have been deferred to be decided alongwith other issues. Petitioners requested the trial Court in black and white to first deal with the question of jurisdiction. Their request was turned down by order dated 14-5-1989. They…

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