| Case ID |
ed945095-9f5d-460a-82c1-f9946998334c |
| Body |
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| Case Number |
Letters Patent Appeal No. 25 of 1949 |
| Decision Date |
May 30, 1951 |
| Hearing Date |
May 16, 1949 |
| Decision |
The appeal was dismissed because no appeal is competent under clause 10 of the Letters Patent without a certificate from the Single judge dismissing the application. The court held that an order to re-admit or re-hear a second appeal does not fall under the provisions which would allow for an appeal without such a certificate. It was emphasized that the specific provisions of the Letters Patent prevail over general rules of the Civil Procedure Code when there is a conflict. Thus, the court ruled that the appeal cannot proceed in this case, adhering strictly to the requirements laid out in the Letters Patent. |
| Summary |
In the case of Letters Patent Appeal No. 25 of 1949, the Lahore High Court addressed the issue of the competency of an appeal under clause 10 of the Letters Patent. The case revolved around the rejection of an application under Order 41 rule 21 of the Civil Procedure Code, which sought a rehearing of a second appeal. The appellant argued that the dismissal was unjust and sought to appeal without the necessary certificate from the Single judge. The court clarified that such a certificate is required for the appeal to be valid, citing previous case law to support its decision. This case highlights the importance of following procedural rules and the precedence of specific legal documents over general statutes. The ruling reinforces the notion that the Letters Patent provides a clear framework for appeals, and any deviation from these rules can lead to dismissal. Legal practitioners must be aware of these nuances to effectively navigate the judicial process. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MUNIR, C.J.,
M. R. KAYANI, J
|
| Lawyers |
Akbar Ali,
A. R. Niazi,
Ghulam Mohy-ud-Din
|
| Petitioners |
MUHAMMAD SHAFI and others
|
| Respondents |
DIN MUHAMMAD and others
|
| Citations |
1951 SLD 19,
1951 PLD 397
|
| Other Citations |
A. I. R. 1935 Lah. 815,
I. L. R. 43 Cal. 857
|
| Laws Involved |
Letters Patent (Lahore), 1919,
Civil Procedure Code (V of 1908)
|
| Sections |
10,
O.41r.21
|