Law: Civil Procedure Code (V of 1908)

Section: 109,110

Law: Constitution of Pakistan (1956)

Section: 157,158

Law: Constitution of Pakistan, 1962

Section: 58,250

    Civil Procedure Code (V of 1908), Ss. 109 & 110-Leave to appeal to Supreme Court - First appeal before High Court in suit valued at Rs. 70,000-Judgment delivered during interregnum between abrogation of Constitution of Pakistan (1956) and coining into force of Constitution of Pakistan (1962) Application for leave to appeal against such judgment under Ss. 109 & 110, C. P. C. can be pressed as a matter of right- Constitution of Pakistan (1956), Arts. 157 & 158-Constitution of Pakistan (1962), Art. 58.   Interpretation of statutes-Enactment is presumed to be prospective      until     contrary             proved-Right   already accrued-Cannot be wiped out by subsequent alteration in law-Constitution of Pakistan (1962), Art. 250.   JUDGMENT MURSHED, C. J.-This application is in respect of an appeal against a judgment of this Court which had decided adversely to the applicant on appeal from a suit valued at about Rs. 70,000. The judgment of this Court was given in a First Appeal reversing the judgment and decree passed by the trial Court below.   At the hearing of this application both-parties were represent ed before us and we were addressed at length with regard to the merits of the application. Ultimately the learned Advocate for the appellant fell back upon the provisions of law which https://www.pakistanlawsite.com/Login/PrintCaseLaw?caseName=1966DK21        1/3 P L D 1966 Dacca 150 confers a right in the application to such an appeal. In such event we cannot refuse the application.   Our attention was drawn to the provisions of sections 109 and 110 of the Code of Civil Procedure which, it is contended, are applicable in toto inasmuch as the…