Law: Federal Court (Enlargement of Jurisdiction) Act, 1949

Section: 9(3)

Federal Court Enlargement of Jurisdiction Act, 1949 (I of 1950), S. 9(3) read with Government of India Act, 1935, Ss. 205 & 206 and Limitation Act (IX of 1908), Art. 183-Federal Court Enlargement of Jurisdiction Act, 1949 - An independent statute having separate existence-Not deemed to have been repealed with repeal of Government of India Act, 1935 in 1956-Orders passed by Judicial Committee, Khairpur State before 13th October 1955-To be treated for all purposes as orders made by Supreme Court of Pakistan in exercise of jurisdiction granted by Federal Court Enlargement of Jurisdiction Act, 1949 and governed by Art. 183 of Limitation Act, 1908. Dates of hearing : 15th and 16th May 1969.   JUDGMENT QADEER DDIN AHMAD, J.----The respondents are represented by Mr. Azizullah K. Memon of Khairpur and notices were sent to him in accordance with the rules, but neither the respondents, nor any body for or on their behalf is present. This is an old matter of 1964. We waited for them yesterday up to 11-30 a.m. and then decided to hear the appeals ex parte. 2. These are certified letters patent appeals from a common judgment of our learned brother Mr. Justice Anwarul Haq in 11 Appeals bearing Nos. 60, 61 and 62 of 1963. The judgment was announced by Mr. Justice Inamullah Khan on 13th January 1964. The relevant facts, which form the background of these appeals, are that three suits instituted by the predecessor-in- interest of the present respondents were dismissed by a trial Court of the former Khairpur State. The appeals which were preferred against those decisions to the District Judge of the State were also dismissed. The plaintiffs, therefore, went in second appeal to the High Court of the Khairpur State, which accepted them and decreed the suits on 17th December 1950. The defendants then went in appeal to the Judicial Committee of the State. The appeals were preferred on 6th January 1951 and were dismissed on 22nd December 1954. The Judicial Committee affirmed the decision of the High Court vide its order dated 22nd December 1954 and accordingly submitted its recom mendations to the Ruler of the State, who accepted them on 14th February 1955. 3. The above…