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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: ARK NAVIGATION COMPANY OF PAKISTAN Ltd. and another VS Respondent: Messrs ESSO PAKISTAN and another
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Abdul Qadir Sheikh Title:ARK NAVIGATION COMPANY OF PAKISTAN Ltd. and another vs Messrs ESSO
PAKISTAN and another Case No.: Civil Petition for Special Leave to Appeal No, K-61 of 1972 J.M. No, 40 of 1975 Date of Judgment:1980-08-31 Reported As: 1984 SCMR 1518 Result: Leave granted Judgment ORDER ' ABDUL KADIR SHAIKH, J.-- This is a Petition for Special Leave to Appeal from the judgment of Sind High Court, dated 5-11-1978, dismissing petitioners' Appeal against the Order of the Additional Registrar of that Court rejecting their Application under Order XXXIII, rules 1 and 2, C.P.C. By that application petitioners sought permission to sue the respondent, in forma pauparis, for recovery of Rs, 29,92,000, being the cost of vessel M.V. Esso ARK, or in the alternate, the amount of insurance recovered for the loss of the Vessel, etc. ' In support of their application, petitioners asserted that after the fall of East Pakistan at the end of year 1971, they have been left with no source and means to pay the requisite court-fee of Rs,. 15,000. It seems that this assertion was not controverted, in fact the Deputy Collector, Karachi, in his report dated 10-10-1975, forwarded to, the High Court, supported petitioners' assertion. The High Court, however, upheld the order of the Additional Registrar rejecting petitioners' request on points which related to the merits of petitioners' claim in suit. Learned counsel for the petitioners has produced before us al copy of the order of Additional Registrar of the High Court, dated 22-3-1980, in J. Miscellaneous Application No, 32 of 1972, by which petitioners have been permitted to sue certain different parties in forma pauperis. ' Since in another proceeding, petitioners have been declared as pauper this case deserves examination. ' Special Leave is granted. Security Rs, 500. ' Delay in filing of the petition is condoned, subject to all just exceptions that may be taken at the hearing.
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' Appeal to be made ready on the present record; it is, however, open to the parties to file additional documents, if any.