MESSRS MUQTADA KHAN IQTIDA Khans vs Mst. ALLAH RAKHI BEGUM — 1972 PLD 471

Citation: 1972 PLD 471

Court: Sindh High Court

Year: 1971

Decision Date: 1971-10-18

Parties: MESSRS MUQTADA KHAN IQTIDA Khans vs Mst. ALLAH RAKHI BEGUM

Headnotes

Case cited as PLD 1972 Karachi 471

Judgment Text

Court Name: Sindh High Court Judge(s): Qadeer-ud-Din Ahmad, Agha Ali Haider Title: MESSRS MUQTADA KHAN IQTIDA Khans vs Mst. ALLAH RAKHI BEGUM Case No.: Letters Patent Appeal No. 62 of 1971 Date of Judgment:1971-10-18 Reported As: PLD 1972 Karachi 471 Result: Appeal is dismissed Judgment ORDER QADEERUDDIN AHMED, C. J.--We have heard Mr. Muzaffar Hassan again in continuation with our order of the 29th of April 1971. On that date also, counsel was heard at full length and was allowed to make his submissions without res--triction on time. He, however, asked for an adjournment because he pleaded that he was not fully prepared on that date. 2. Mr. Muzafi'ar Hassan has advanced arguments on two questions. Firstly. He contended that this appeal cannot be dismissed without issuing notice to the respondent and giving an opportunity to her of being heard. Secondly, he argued that the s--cond appeal against the Judgment of which this appeal has been preferred was within time; but it has been dismissed as barred by time although on merits it was found,to be acceptable. 3. In support of the first contention, counsel took the stand that a Letters Patent Appeabis not an appeal in the sense that an erroneous Judgment of the lower Court is brought for rectification to the notice of a higher Court but is a continu--ation of the same proceedings as were held before a Single Judge inasmuch as the Judgment of a Single Judge is no less a decision of this Court than the decision of a Letters…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.