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Initializing Secure Chambers
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Initializing Secure Chambers
Citation: 1967 PLD 49
Court: Sindh High Court
Year: 1971
Decision Date: 1971-02-11
Parties: SIR E. H. JAFFER & SONS LTD. vs MESSRS ALIJOO
Case cited as PLD 1967 Pesh. 49
Court Name: Sindh High Court Judge(s): Qadeer-ud-Din Ahmad, Imdad Ali H. Agha Title: SIR E. H. JAFFER & SONS LTD. vs MESSRS ALIJOO Case No.: Letters Patent Appeal No. 54 of 1968 Date of Judgment:1971-02-11 Reported As: PLD 1972 Karachi 1 Result: Appeal accepted JUDGMENT JUDGMENT QADEERUDDIN AHMED, C. J.-In continuation with our order of the 15th of January 1971, we have heard at length counsel for the parties today. As mentioned in that order we have already overruled two contentions raised on behalf of the respondent and proceed to examine the third contention which is as follows;- "That this Letters Patent Appeal is not competent from the order of the learned Single Judge because it is only an order of remand." Mr. Nasim Farooqi has addressed us on two sub-propositions, which were formulated as follows :- (i) The order of remand is not a Judgment In terms of clause 10 of the Letters Patent and, therefore, is not appealable under the Letters Patent. (ii) The provisions contained in the Letters Patent regarding an appeal to a Letters patent Bench is inconsistent with the provisions contained in section 15(4) and (5) of the West Pakistan Urban Rent Restriction Ordinance, 1959, inasmuch as the Ordinance makes an order final in terms of these provisions, whereas the Letters Patent provides an inter-Court appeal. In this situation the finality of an order provided by the West Pakistan Urban Rent Restriction Ordinance, 1959, should be given effect. 2. In support of the first…
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