New Point

Supreme Court declined to consider in appeal a question of law on which leave was not granted and which was not urged before High Court and Court did not have benefit of view of High Court on that point.

Art. 185 (3)-Leave to appeal-New point-Contention available to petitioner even earlier when writ petitions filed but not urged therein, held, could not be raised by petitioner during proceedings for leave to appeal.

Art. 212 (3) read with Art. 185 (3)-Leave to appeal-New point-Question of law of public importance -Contentions as to respondent being not a civil servant and action taken against him being not mala fide not raised either by filing a reply to memo. of appeal filed by respondent before Service Tribunal or by addressing arguments before such tribunal-Held : Not possible in circumstances, to meaningfully review finding of Tribunal-Appeal besides, also not raising any question of law of public importance, leave to appeal not justified.

Art. 185(3)-Leave to appeal-New point-Points neither taken before lower appellate Court nor mentioned in petition for leave to appeal-Held, cannot be permitted to be urged' before Supreme Court.

Arts. 185 (3)-Leave to appeal-New point-Plea raised before Supreme Court never raised before any of departmental forums Point also of factual nature requiring decision whether a particular person survived his propositus-High Court also not permitting to raise such question in view of its being not supported by any authentic evidence-Petition pending for about 5 years and no evidence available to support plea-No question of remand, held, arose in circumstances and petition for leave to appeal liable to be dismissed.

S. 8 read with Constitution of Pakistan (1973), Art. 185 (3)-New point-Litigation between parties going on for more than 20 years and at no stage contention as to Jirga or Courts constituted under Regulation being not competent to deal with matter raised-Point as to suit in question having not been competently drawn into ambit of F. C. R. under S. 8 thereof not raised in any Court and even not raised in petition for leave to appeal-Point not allowed to be raised at late stage of leave to appeal.

Plea as to petitioner's prosecution having been conducted without obtaining sanction of appropriate Government and conviction as such being bad not raised in Courts below-Leave to examine such question at leave to appeal stage refused.