1. WAHEEDUDDIN AHMAD. J.-The dispute between the parties relating to loan of Rs. 3,17,483.91 obtained from the respondents was referred by the Registrar to his nominee under section 54 of the West Pakistan Co-operative Society Act for arbitration. The parties compromised the matter which was made the basis of award dated the 25th January 1965. The respondent's allegation is that the petitioners made default and did not comply with the terms of the award. They obtained certificate under section 59 of the West Pakistan Cooperative Society Act for the execution of the award. As a result of this, an application for execution of the award was filed in the High Court of West Pakistan, Karachi, on its original side being Execution No. 63 of 1964. The petitioners filed objections to the said award. These objections were dis--missed by a learned Single Judge of the High Court by judgment dated the 13th September 1965. A Letters Patent Appeal was filed and the case was remanded to the learned Single Judge for decision of certain issues framed in the case.
2. These issues were decided by judgment dated the 16th February 1971, and the objections of the petitioners were dismissed. The matter was again taken in the Letters Patent Bench in L. P. A. No. 26 of 1971, which was dismissed by a Division Bench of the High Court of Sind and Baluchistan, Karachi, on the 16th March 1971. The petitioners seek permission to file an appeal against the said order.
3. Mr. Khalid M. Ishaq, learned counsel for the petitioners, has contended that the High Court is not a civil Court and, therefore, the execution application could not be filed in the High Court. This point was not urged before the High Court. It has been raised before this Court and cannot be allowed for the first time to be raised in this Court. It will further be noticed that the counsel for the petitioner did not urge any point before the High Court except the objection that the counsel who appeared for the decree-holder was not authorised to act by its liquidator. This objection was not allowed to be raised as it was not taken before the learned Single Judge of the High Court. In these circumstances, the petitioners are not entitled to raise other objections against the execution of the decree. The petition is dismissed.