MUHAMMAD RAFIQ Versus BARKAT ALI

1. MUHAMMAD AFZAL ZULLAH, J.‑‑ Leave to appeal has been sought by the vendees' side in a pre‑emption matter against the dismissal of their Civil Revision by the High Court.

2. Questions raised by the learned counsel are: (i) deficiency of the court‑fee paid, by the respondents' side, and (ii) that of limitation on the basis that the suit was presented within time but before a wrong Court.

3. The first point has not been pressed much by the learned) counsel as the same stands concluded against the petitioners in the case of Siddique Khan P L D 1984 SC 289.

4. As regards the second point, the same not having been raised before the lower Court, it cannot be entertained now. The learned it counsel relied upon Muhammad Buts v. Habib Ahmad PLD 1985 SCI 153 to contend that there was no bar in this behalf. When we invited the attention of the learned counsel to a later judgment of this Court in Allah Yar Khan v. Mst. Sardar Bibi 1986 S C M R 1957 and further to the fact that in the judgment relied upon by him the facts were distinguishable, while the judgment in the other case pointed out to him would cover the present case, he could not press th2 paint of limitation any further. Accordingly, leave to appeal is refused.

5. M.I. /M‑489/S Petition dismissed.