Law: Constitution of Pakistan, 1962

Section:

Constitution of Pakistan (1962), Art. 58 read with Art. 250 and Constitution of Paki (1956), Art. 158-Application for leave to appeal to Supreme Court-Case decided by High C before operation of Constitution of Pakistan (1962)----Whether application for leave to ap made after enforcement of Consti tution of Pakistan, 1962, would lie to Supreme Court un Art. 58 or would be governed by Art. 158, Constitution of Pakistan, 1956 read with Ss. 109 110, Civil Procedure Code (V of 1908): (Quaere)-Case referred to Full Bench.   Colonial Sugar Refining Co. Ltd. v. Irving 1905 A C 369 ; Ram Singh and another v. Shan Dayal and another A I R 1928 All. 437 ; Bimala Prosad Ray and another v. State of West Ben A I R 1951 Cal. 258 and Messrs Hoosein Kasam Dada (India) Ltd. v. The State of Mad Pradesh and others A I R 1953 S C 221 ref.   Miscellaneous Application No. 191 of 1962, decision held doubtful. JUDGMENT   FAIZULLAH KHAN, J.----This is an application for leave to appeal to the Supreme Cour Jamshed Ahmad Khan from the judgment and decree of Anwarul-Haq and J. H. Rizvi, JJ. of High Court of West Pakistan, Peshawar Bench, dated the 1st of May 1962, under which orders, dated the 1st of May 1958 of Khan Abdul Latif Khan, Assistant Collector, 1st Gr acting as Civil Court, as required by section 117, sub clause (2) of the Land Revenue dismissing the suit as time barred, was affirmed. The application for leave to appeal presented on the 16th of June 1962 when the new Constitution had come into operation.   The facts giving rise to this application for leave to appeal have been fully and fairly statethe judgment dated the 1st of May 1962 of our learned brothers and we, therefore, do propose to re-capitulate the same.   Mr. Shah Zaman Khan learned counsel for the respon dents, raised a preliminary objectiothe maintainability of the application for leave to appeal by this Court, on the ground that f 8th June 1962; when the National Assembly met for the first time, the procedure for leav appeal to the Supreme Court was to be governed by Art. 58 of the new Constitution, in under sub-clause (3) of Art: 58 "an appeal to the Supreme Court from a Judgment,…