Case Details

Citation(s)
1965 SLG 114 1965 SLD 114 1965 PLD 466
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. K-18 of 1965, decision dated: 9th March 1965. (On appeal from the judgment and order of the High Court of West Pakistan, Karachi, dated the 11th December 1964, in Second Appeal No. 238 of 1963)
A. R. CORNELIUS, C.J. AND B. Z. KAIKAUS, J

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Law:

Section:

(a) Constitution of Pakistan (1962), Art. 58 Leave to appeal to Supreme Court-Petitions entertained only against ",final" s or orders of High Court-Leave granted, after hearing counsel, against order of Single Judge of High Court which could be challenged in Letters Patent appeal after obtaining certificate from such Judge-Fact of such appeal being available not brought to notice of Supreme Court at time of hearing-Order granting leave allowed to stand, Supreme Court making it clear at same time that case was not to be regarded as a precedent. (b) Constitution of Pakistan (1962), Art. 58-Leave to appeal to Supreme Court-Granted where questions involved were whether a letter written by counsel of -debtor was to be construed (i) as having been written on behalf of -debtor, and (ii) as containing acknowledgment of liability, sufficient to extend limitation-[Both questions complex-High Court's one of reversal of that of Court below]-[Execution of decree for Rs.20,000.] ORDER CORNELIUS, C. J.- After hearing Mr. Ehsan-ul-Huq in support of the petition, we announced grant of leave. It was not brought to our notice at the time that the judgment in question being one delivered by a learned Single Judge of the High Court in second appeal, a further appeal within the High Court was competent, under the Letters Patent, if a certificate had been obtained from the learned Single Judge. The practice of this Court is to entertain petitions for special leave only…
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