Law: Letters Patent (Lahore), 1919

Section: 10

Letters Potent (Lahore) cl. 10-Certificate of fitness for letters patent appeal-Expression "Judge who passed the judgment" in cl. 10-Certificate could be granted only by Judge who passed judgment in second appeal-Judge, deciding second appeal, no longer on Bench of High Court-Application for fitness certificate dismissed as having become infructuous. The object of clause 10 of the Letters Patent (Lahore) is to ensure finality of decision within the High Court, in cases where a Single Judge feels that the question decided by him is such that another view may be possible. It is precisely for this reason that the certificate has to be granted by the Judge who decides the second appeal in the first instance. Where, therefore, the Judge who had decided the second appeal had ceased to be on the Bench of the High Court, an application for the grant of a fitness certificate was dismissed as having become infructuous.                                                                                                                                          ORDER This is an application for the grant of a certificate of fitness to file on appeal under clause 10 of the Letters Patent. The judgment sought to be appealed against was delivered by Mr. Justice Muhammad Ali Saeed on the 12th of March 1970 in R. S. A. No. 1045 of 1969, dismissing the appeal in liming. As Mr. Justice Muhammad Ali Saeed is no longer a Judge of this Court, having been allocated to the Sind and Baluchistan High Court at Karachi on the dissolution of the Province of West Pakistan, it is clear that the application has become infructuous, for the certificate in question could only be granted by the Judge who had passed the judgment (see Dasaundha Singh and another v. Ganda Singh and others (A I R 1933 Lah. 534 (1)) and Allah Bux v. Mst. Sardaran (A I R 1935…