Law:

Section:

(a) Civil Procedure Code (V of 1908)----Ss. 96, 100 & 115---Point raised, in memorandum of appeal or revision, but not pressed at the time of hearing of appeal or revision---Effect---Ordinarily, such point would be deemed to have been abandoned. Fazal Eiahi v. Dewan Ali (deceased) through L.Rs. and others 1984 SCMR 1404; Fayyaz Hussain v. Akbar Hussain and others 2004 SCMR 964 and Ghulam Muhammad and others v. Malik Abdul Qadir Khan and others PLD 1983 SC 68 ref. (b) Civil Procedure Code (V of 1908)--- ----O.XXXII, R.3--Appointment of guardian of minor defendant---Minor was originally sued through his father as guardian-ad-litem---Court later on appointed its Reader as guardian of minor---Minor submitted his reply and participated in proceedings---Held: Interest of minor in circumstances, had not been jeopardized for non-appointment of guardian-ad-litem. (c) Civil Procedure Code (V of 1908)--- ----Ss.96 & 100---Constitution of Pakistan (1973), Art.185(3)---Points involving factual controversy abandoned before First Appellate Court and High Court---Effect---Such points would not be permitted to be raised before Supreme Court. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.---The petitioners seek leave to appeal against judgment, dated 21-4-2003, passed by a learned Single Judge of the Lahore High Court, Lahore in R.S.A. No.8 of 1993. 2. The respondents instituted against the petitioners a suit for possession through pre-emption in respect of the suit land measuring 411 Kanals and 10 Marlas, subject-matter of sale Mutation No.248, dated 17-7-1983, on the ground of being co-sharers in Khata and owners in estate. The suit of the respondents was decreed by the Civil Judge, Shahpur, by judgment and decree, dated 20-4-1986. The appeal of the petitioners thereagainst was dismissed by the Additional District Judge, Sargodha, by judgment and decree, dated 12-6-1988, on the point of limitation. Therefore, they filed Regular Second Appeal which was allowed by the Lahore High Court, Lahore, by judgment, dated 22-11-1992 and the appeal was remanded to the District Judge, Sargodha, for a fresh decision on merits. The District Judge, Sargodha, dismissed the appeal of the…

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