1. ' GHULAM MUJADDID, J.---The petitioners seek leave to appeal against the order of the Lahore. High Court dated 5-7-1989 whereby their Constitution petition was dismissed in limine.
2. ' The petitioners raised a preliminary legal objection pertaining to the jurisdiction of the trial Court.
3. ' Their grievance is that the question of jurisdiction should not have been deferred to be decided alongwith other issues. Petitioners requested the trial Court in black and white to first deal with the question of jurisdiction. Their request was turned down by order dated 14-5-1989. They appealed against that order. The appeal was dismissed by the Additional District Judge by order dated 27-5- 1989.
4. ' As a last resort they invoked the Constitution jurisdiction of the Lahore High Court but did not succeed there.
5. Relying on section 172 of the Land Revenue Act learned counsel argued that the question of jurisdiction ought to have been decided first.
6. ' This contention has no force because the learned Judge of the Lahore High Court who dealt with the Constitution petition observed, "I find that the issue relating to the Court's jurisdiction involves factual controversy regarding the nature of the suit land. It has, therefore, been rightly observed by the Courts below that the issue could not be decided without recording the evidence. It is also not denied that the plaintiff-respondent has already produced some evidence on all the issues."
7. ' The aforesaid view of the High Court is in accordance with law. There is no other point worth examination.
8. ' Dismissed.