Law:

Section:

(a) Constitution of Pakistan (1973)----Art. 185---Appellate jurisdiction of Supreme Court---New plea, raising of---Scope---Petitioners having failed to plead and raise a specific ground in their pleadings from the very inception of the case, were precluded from improving their case and to raise new ground of attack by departing from previous pleadings at the stage of appeal before Supreme Court. Mst. Murad Begum and others v. Muhammad Rafiq and others PLD 1974 SC 322; Mst. Jannat Bibi v. Sher Muhammad and others 1988 SCMR 1696; Binyameen and 3 others v. Chaudhry Hakim and another 1996 SCMR 336; Anwar Ali and others v. Manzoor Hussain and another 1996 SCMR 1770; Muhammad Sarwar v. Zulfiqar and others 1998 SCMR 592 rel. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 114---Estoppel, principle of---Applicability---Pleadings---When petitioners did not raise a specific plea in the pleadings, they were estopped to agitate the same before Supreme Court. (c) Insurance Act (IV of 1938)--- ----S. 45---Civil Procedure Code (V of 1908), O.XXXVII, R.1---Constitution of Pakistan (1973), Art. 185 (3)---Incorrect information to insurance company---Effect---Insurance cheques issued after the death of father of plaintiffs were not encashed on the ground that at the time of getting the insurance policy, father of plaintiff had given incorrect date of birth---Suit filed by plaintiffs was concurrently dismissed by Trial Court as well as by the High Court---Validity---Furnishing of incorrect date of birth by father of plaintiffs at the time of obtaining insurance policy was his conscious act---Father of plaintiffs deliberately made false statement and furnished incorrect particulars regarding his date of birth knowingly that it was 8-3-1940 and gave incorrect date only to defraud insurance company---Father of plaintiffs himself was a Sales Manager of the insurance company and was aware about ins and outs of the working of insurance company and was sufficiently equipped with the tricks of the trade---Both the courts had concurrently found that plaintiffs failed to establish that their father's date of birth was 8-3-1945 instead of 8-3-1940, at the time of obtaining insurance…

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