| Citation(s) |
|---|
| 1980 SLD 3167 = 1980 CLC 1105 |
Azad J. & K
Civil Appeal No. 10/M. R. of 1978, decided on 26th January, 1980. (On appeal from the judgment and decree of the High Court dated 6th July, 1975 in Civil Appeal No. 58 of 1974).
Presented By: Raj Muhamrnad Khurshid Khan and Malik Muhammad Aslam Khan, JJ
Basharat Ahmed Sheikh, Advocate for Appellants. . Qazi Abdul Ghafoor, Advocate for
Respondents.
Civil Appeal No. 10/M. R. of 1978, decided on 26th January, 1980. (On appeal from the judgment and decree of the High Court dated 6th July, 1975 in Civil Appeal No. 58 of 1974).
Presented By: Raj Muhamrnad Khurshid Khan and Malik Muhammad Aslam Khan, JJ
Basharat Ahmed Sheikh, Advocate for Appellants. . Qazi Abdul Ghafoor, Advocate for
Respondents.
Raja ABDUL HAMID KHAN AND ANOTHER-Appellants
VERSUS
MUHAMMAD NASEEM AND 3 OTHERS--Respondents
Law: Azad Jammu and Kashmir Interim Constitution Act, 1974
Section: 42
Law: Civil Procedure Code (V of 1908)
Section: O. XLI, r. 33
(a) Azad Jammu Kashmir Interim Constitution Act, 1974 S. 42 read with Azad Jammu & Kashmir Judicial Board Act, 1974, S. 14 (2)-.Change in law-Appeal-Condonation of delay Law changed during pendency of appeal and by virtue of such change only a petition for leave to appeal competent and certificate of fitness for appeal to Supreme Court no longer' required-Appel lant prosecuting case in good faith and High Court not conscious of changed lawn and issuing certificate of fitness for filing appeal Delay condoned and appeal treated as petition for leave to appeal and converted into an appeal. -[Condonation of delay-Appeal Civil]. (b) Civil Procedure Code (V of 1908 O. XLI, r. 33-Interpretation-Terms of r. 33, Order XLI Delay-Appeal-Civil Procedure Code, held, wide enough to enable an appellate Court to pass decree according to facts of case-Such course however open only then appellate Court considers it neces sary to allow same within framework of suit.--[Interpretation of statutes]. (c) Azad Jammu & Kashmir Interim Constitution Act, 1974 S. 42-Case made out for interference by Supreme Court by virtue of its plenary power--Supreme Court, held, can pass all directions, orders and decrees necessary for doing complete justice. (d) Azad Jammu & Kashmir Interim Constitution Act, 1974 S. 42-A-Expunging of remarks in judgment-Supreme Court, in exercise of its powers under S. 42-A, held; can expunge uncalled for passages appearing in judgments of lower Courts. Malik Feroz Khan Noon v. State P L D 1958 S C (Pak.) 333 ref. JUDGMENT RAJA MUHAMMAD KHURSHID KHAN, J.-This appeal is directed against the judgment and decree passed by a learned Single Judge of the High Court in Chambers on 6th July, 1975, whereby discharging the judgment passed by the learned District Judge, Mirpur on 23rd April, 1974 the…