1. ' MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought by the plaintiffs side in a suit for declaration; against the dismissal of their Civil Revision. The petitioners have lost throughout.
2. ' The land in dispute was owned by one Budha deceased. He executed a power of attorney in favour of respondent No, 2 who alienated the suit property on the basis of that agency, in favour of respondent No,
1. Dispute having arisen with the petitioners, the attorney referred the matter to arbitrator. And those proceedings ultimately concluded in favour of the respondents side by the Court making the award, as 'rule of the Court. The petitioners, who are heirs of Budha deceased, brought the present suit for declaration challenging the execution of the power of attorney. Other pleas were also raised. They claimed ownership on the basis of inheritance. Their suit and appeal having been dismissed the High Court also dismissed their revision petition. They have now sought leave to appeal.
3. ' Learned counsel not having been able to challenge the findings of fact regarding the execution of.The power of attorney raised a legal argument; namely, that the said power of attorney did not authorise the reference of any dispute to an arbitrator.
4. Same point was raised before the High Court It was repelled on the ground that it had not been raised earlier. Learned counsel remained unable to satisfy us that the High Court could not have refused to examine this question in its revisional jurisdiction if it, had not been raised earlier. Further, after hearing him on this point we are of the view that it could not have been examined without further inquiry; because, the attorney might have relied upon some other documents and/or circumstances in addition to the Power of Attorney so as to show that he had the authority to refer the matter to an arbitrator. Otherwise too, in the facts and circumstances of this case we are not satisfied on the factual merits of this plea that he was not so authorised. Leave to appeal, therefore, is refused.