ABDUL REHMAN vs Mst. CHAMAN ARA — 1972 PLD 164

Citation: 1972 PLD 164

Court: Sindh High Court

Year: 1971

Decision Date: 1971-08-18

Parties: ABDUL REHMAN vs Mst. CHAMAN ARA

Headnotes

Case cited as PLD 1972 Karachi 164

Judgment Text

Court Name: Sindh High Court Judge(s): Qadeer-ud-Din Ahmad, Muhammad Haleem, Abdul Qadir Sheikh Title: ABDUL REHMAN vs Mst. CHAMAN ARA Case No.: Petition No. 65 of 1971 Date of Judgment:1971-08-18 Reported As: PLD 1972 Karachi 164 Result: Reference answered JUDGMENT JUDGMENT QADEERUDDIN AHMED, C. J.-These two applications have been made under Article 102 of the Constitution of 1962. The prayer in both of them is as follows: "It is, therefore, prayed by the petitioner that it may please the Hon'ble Court to call for the record of the case and set aside aforesaid judgment and decree in exercise of the powers vested in it under Article 102 of the Constitution." On receipt of these applications, the office was confronted with two questions, firstly, whether the court-fee of Rs. 4 which was paid on each of them represented the correct amount or each of them should bear court-fee of the value of Rs. 100 in terms of Rule 10 of Chapter 4-J of Vol. V of the Rules and Orders of the High Court ; and, secondly, whether these applications should be heard by a Single Judge or by a Division Bench under Rule 3 of the said Rules. The two rules are as follows : "10. A court-fee of Rs. 100.00 shall be payable on each petition but no court-fee shall be required in case a writ is required in respect of the detention of any person by or under orders of any public authority." 3. "Unless otherwise ordered by the Chief Justice the applica--tion shall be laid before a Division Bench which may…

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