Law:

Section:

(a) North-West Frontier Province Charitable Institutions Act (V111 of 1949), S. 5 (iv) read with S.. 4, High Court of West Pakistan (Establishment) Order, 1955-Appeal under Act lodged to Judicial Commissioner's Court, Peshawar, transferred to Peshawar Bench of West Pakistan High Court under S. 4 of Order-Order of Single Judge of High Court-Subject to all incidents of such an order-Letters Patent Appeal competent--Letters Patent (Lahore), cl. 10-Change of forum of appeal-- Matter of procedureRetrospective operation.   Held, that the appeal in question under section 5 (iv) of the North-West Frontier Province Charitable Institutions Act, 1949 lodged in the Judicial Commissioner's Court (Peshawar) was trans ferred to a competent forum [viz., High Court of West Pakistan, Peshawar Bench) by a valid Legislation (viz., S. 4, High Court of West Pakistan (Establishment) Order, 1955] which thus became subject to ail the incidents created by the change of the forum. Therefore, the decision of the appeal by the Single Judge gave rise to the incidents of a Letters Patent Appeal, if otherwise it was found competent.   The right of an appeal is a substantive right, but the forum of its disposal is a matter of procedure and a litigant cannot, as a matter of right, claim that a change in legislation, involving a change in the forum of the appeal, cannot have retrospective action. The Judicial Commissioner's Court came to an end before the appeal was disposed of and it would be impractical to insist on the revival of that Court for the disposal of the appeal.   (b) North West Frontier Province Charitable Institutions Act (VIII of 1949), S. 5 (iv)-"Finality" of order in appeal-No bar to a Letters Patent Appeal-Such appeal nor a "second" or "further" appeal but only an "inter-Court" appeal.   Held, that an order In appeal under section 5 (iv), North-West Frontier Province Charitable Institutions Act, 1949, though characterised as "final" by that provision of law, does not constitute a bar to a Letters Patent Appeal.   In its essence a Letters Patent Appeal is neither a second appeal nor a further…