Law:

Section:

Letters Patent (Lahore)---Cl.10---Fitness certificate, grant of-Application for permission to file Letters Patent Appeal-Judge dismissing appeal retired before hearing of application for grant of fitness certificate-Held, fitness certificate could not be granted by any other Judge-Petition dismissed. JUDGMENT DORAB PATEL, J.-The petitioner had filed an appeal in the Lahore Seat of the West Pakistan High Court against the judgment and decree passed against him by the District Judge, Campbellpur. As this appeal was dismissed in limine by Mr. Justice Ortcheson on 18-1-1965, the petitioner filed an application oz 16-2-1965 under clause 10 of the Letters Patent of the High Court for permission to file a Letters Patent Appeal, Mr. Justice Ortcheson had retired from the High Court before this application could be heard, therefore, it was placed on 28-2-1973 before the Chief Justice of the Lahore High Court who dismissed it on the ground that the certificate of fitness could have been granted only by the Judge who had dismissed the petitioner's appeal. Hence this petition for leave. 2. Clause 10 of the Letters Patent, in so far as it is relevant reads "And we do further ordain that an appeal shall lie to the said High Court of Judicature at Lahore from the judgment ... of one Judge of the High Court where the Judge…

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