MOHIUDDIN vs SETTLEMENT AND REHABILITATION COMMISSIONER, — 1970 SCMR 428

Citation: 1970 SCMR 428

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-01-29

Parties: MOHIUDDIN vs SETTLEMENT AND REHABILITATION COMMISSIONER,

Headnotes

Case cited as 1970 SCMR 428

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan, Sajjad Ahmad Jan Title: MOHIUDDIN vs SETTLEMENT AND REHABILITATION COMMISSIONER, Case No.: Civil Petition for Special Leave to Appeal No. K-118 of 1969 Date of Judgment:1970-01-29 Reported As: 1970 SCMR 428 Result: Leave refused JUDGMENT JUDGMENT SAJJAD AHMAD, J.-This petition for special leave to appeal is directed against the order of a Division Bench of the High Court of West Pakistan, Karachi; by which the petitioner's Letters Patent Appeal was dismissed as barred by time: The judgment of the learned Single Judge which was impugned in the Letters Patent Appeal, was made on the 30th of September 1965, in a Settlement Writ under Article 98 of the abrogated Constitution of 1962. Instead of filing the appeal in the High Court, the petitioner lodged a petition for special leave to appeal in this Court on the 19th of November 1965. This was returned to him by the Registry on the 15th of December 1965, with the note that it should be presented to the proper Court (i. e. The High Court) in which the Letters Patent Appeal was competent as per decision of this Court in Civil Appeal No. 65 of 1965 (Mumtaz Khan v. The Chief Settlement Commissioner)dated the 29th of October 1965. Without bothering to draft a proper appeal addressed to the High Court, the petitioner lodged the very same petition, without any amendment, in the High Court on the very date, viz. 15th December 1965. The High Court…

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