Mst. QAISAR KHATOON AND 12 OTHERS vs Maulvi ABDUL KHALIQ AND — 1968 SCMR 574

Citation: 1968 SCMR 574

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: Mst. QAISAR KHATOON AND 12 OTHERS vs Maulvi ABDUL KHALIQ AND JUDGMENT

Headnotes

Case cited as 1968 SCMR 574

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan Title:Mst. QAISAR KHATOON AND 12 OTHERS vs Maulvi ABDUL KHALIQ AND JUDGMENT Reported As: PLD 1971 Supreme Court 334 Result: Appeal partly accepted Judgment JUDGMENT HAMOODUR RAHMAN, C. J.--This appeal arises out of a judgment of the High Court of Baghdad-ul- Jadid delivered on the 9th of April 1949. The appeal was filed originally before the Judicial Committee of the Amir of Bahawalpur on the 25th of June 1949, with a court-fee of Rs, 50 along with an application under section 149 of the Code of Civil Procedure of that State for extension of time for putting in the balance court-fee of Rs, 1,045. The memorandum of appeal also had a note appended to it to the following effect :- "The valuation of the suit and this appeal is above Rs, 10,000. Hence no certificate of fitness from the High Court is necessary." This appeal, which was pending before the Judicial Committee of Bahawalpur State, was ultimately transferred in 1959 to this Court under section 9 of the Federal Court (Enlargement of Jurisdiction) Act, 1949 (Act I of 1950). This section, it appears, was introduced into the above- mentioned Act in the year 1597 by the Federal Court (Enlargement of Jurisdiction) (Amendment) Act, 1957 (Act No, X of 1957) and was made to take effect retrospectively from the 14th of October 1955, which was the date on which the High Court of West Pakistan came into being as the new High Court…

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