Maulvi QAMAR-UD-DIN vs GHULAM MUHAMMAD — 1971 PLD 408

Citation: 1971 PLD 408

Court: Lahore High Court

Year: 1970

Decision Date: 1970-11-25

Parties: Maulvi QAMAR-UD-DIN vs GHULAM MUHAMMAD

Headnotes

Case cited as PLD 1971 Lahore 408

Judgment Text

Court Name: Lahore High Court Judge(s): Sheikh Anwarul Haq Title: Maulvi QAMAR-UD-DIN vs GHULAM MUHAMMAD Case No.: Civil Miscellaneous No, 1458 of 1970 in R. S. A. No, 1045 of 1969 Date of Judgment:1970-11-25 Reported As: PLD 1971 Lahore 408 Result: Petition dismissed Judgment ORDER This is an application for the grant of a certificate of 'fitness to file on appeal under clause 10 of the Letters Patent. The judgment sought to be appealed against was delivered by Mr. Justice Muhammad AU Saeed on the 12th of March 1910 in R. S. A. No, 1045 of 1969, dismissing the appeal in limine. As Mr. Justice Muhammad Ali Saeed is no longer a Judge of this Court, having been allocated to the Sind and Baluchistan High Court at Karachi on the dissolution of the Province of West Pakistan, it is clear that the application has become infructuous, for the certificate in question could only be granted by the Judge who had passed the judgment (see Dasaundha Singh and another v. Ganda Singh and others and Allah Bux v. Mst. Sardaran ). 2. It was however, submitted by the learned counsel for the petitioner that the combined effect of the provisions contained in clause 26 of the Letters Patent and rule 2 of Chapter 4-G, Volume V of the High Court Rules and Orders, is that any Judge of the High Court could grant the necessary certificate. A reference to the provisions relied upon by the learned counsel is sufficient to show that the contention is not tenable. Clause 26 of the Letters Patent…

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