maintainability of suit was not assailed before Lower Appellate Court by means of separate appeal or cross objection, and the same could not be agitated afresh before High court.

2021 CLC 1639

Suit for declaration and injunction---

Judgments at variance---Plaintiffs / respondents claimed to be owners of suit land and assailed mutations in favour of defendant/ appellant--- Trial Court dismissed the suit but Lower Appellate Court decreed the same in favour of plaintiffs / respondents--Validity---Ascendant of defendants I respondents had already transferred his title therefore, nothing more was left to be inherited by the latters for its transfer to defendant / appellant---Entire superstructure raised in their favour without any title or legal backing could not be perpetuated and every fresh entry in revenue record based on inheritance mutation or subsequent sale deed accrued fresh cause of action to plaintiffs / respondents to institute suit, which was well within time---Trial Court framed issue pertaining to maintainability of suit but it was not pressed and was answered accordingly---Findings regarding issué of maintainability of suit was not assailed before Lower Appellate Court by means of separate appeal or cross objection, and the same could not be agitated afresh before High Court---High Court declined to interfere in judgment and decree passed by Lower Appellate Court---Judgments being were at variance therefore, judgment of Lower Appellate Court was to he given preference over that of Trial Court--Second appeal was dismissed, in circumstances.

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