1989 SCMR 779

MUHAMMAD YASIN and others vs Mst. RASHIDA BIBI

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Citation1989 SCMR 779

CourtSupreme Court of Pakistan

Case No.Civil Petition No,596 of 1988

Date1988-07-17

Judge(s)Ghulam Mujaddid acid Saad Saood Jan

Authored bySaad Saood Jan

ResultLeave refused

Summary

This matter concerns a petition for leave to appeal against concurrent findings of the lower courts, which had decreed a suit for pre-emption in favour of the respondent. The petitioners, who had purchased agricultural land via a registered sale-deed in 1976, challenged the respondent's superior right of pre-emption, which was based on her status as the sister of the vendor. Before the Supreme Court, the petitioners argued that the legal basis for the respondent's superior right was not recognised under Islamic Law and contended that the High Court judge should have referred the matter to a Full Bench constituted under the Shariat Ordinance. The Supreme Court declined to entertain this contention, noting that the argument regarding the referral to a Full Bench was never raised before the learned Single Judge of the High Court. Consequently, finding no other points of law raised by the petitioners, the Court dismissed the petition. The judgment reinforces the principle that appellate courts will generally not entertain new arguments or objections that were not pleaded or raised before the lower forums.

Questions settled in this judgment

Can a party raise a new contention regarding the constitution of a Full Bench under the Shariat Ordinance for the first time before the Supreme Court?
Is a contention not raised before the High Court entertainable in a petition for leave to appeal?

pre-emptionagricultural landsale-deedleave to appealShariat Ordinanceappellate practice

ORDER

' SAAD SAOOD JAN, J.--By a registered sale-deed dated 5-11-1976 the petitioners purchased about 60 Kanals of agricultural land situate in Chak No,128/1-L of Tehsil Khanpur. On 5-11-1977 the respondent brought a suit for pre-emption, basing her superior right on the assertion that she was the sister of the vendor. The suit was decreed by the trial Court and the petitioners' appeals before the District Judge and the High Court remained unsuccessful. They now seek leave to appeal from this Court.

2. In support of this petition it is contended on behalf of the petitioners that as the superior right claimed by the respondent was founded on a ground which was not recognised by the Islamic Law, the learned Single Judge who dismissed the second appeal should have referred the matter to the Full Bench nominated by the learned Chief Justice of the High Court under the Shariat Ordinance. We are not prepared to entertain this contention as it was not raised before the learned Single Judge.

3. No other point has been raised. The petition is dismissed.