| Citation(s) |
|---|
| 1999 SLG 1047 1999 SLD 1047 1999 CLC 1727 |
Sindh High Court
Suit No.490 of 1979, Judicial Miscellaneous No.4 of 1997 and Execution Application No.21 of 1996, decision dated: 24th December. 1998
RASHEED A. RAZVI, J
Shafi Muhammadi alongwith Muhammad Iqbal Siddiqui for Petitioner/ Defendant (in Judicial Miscellaneous Nos.4 of 1997) and for the Judgment Debtor in Execution No. 21 of 1996). Imtiaz Lari for
Respondent/Plaintiff (in Judicial Miscellaneous No. 4 of 1997)
Suit No.490 of 1979, Judicial Miscellaneous No.4 of 1997 and Execution Application No.21 of 1996, decision dated: 24th December. 1998
RASHEED A. RAZVI, J
Shafi Muhammadi alongwith Muhammad Iqbal Siddiqui for Petitioner/ Defendant (in Judicial Miscellaneous Nos.4 of 1997) and for the Judgment Debtor in Execution No. 21 of 1996). Imtiaz Lari for
Respondent/Plaintiff (in Judicial Miscellaneous No. 4 of 1997)
Messrs HABIB INSURANCE CO. LTD. --Plaintiff
VS
PAKISTAN NATIONAL SHIPPING CORPORATION --Defendant
Law:
Section:
(a) Sindh Chief Court Rules (O.S.)-------Rr. 49 & 50---Civil Procedure Code (V of 1908), O.III , Rr.l to 5---Counsel appearing in Court and pleading "no instructions" --Effect---Two views in the field pertaining to same provision of law by the two different Division Benches of the same High Court---Earliest 'view was not cited before the Bench dealing the same proposition subsequently and, thus, resulted into a controversy---Court did not find it just and proper to follow the rule laid down iii either of the cases, as both those decisions were in the field and unless there was an authoritative pronouncement by a larger Bench of the same High Court interpreting the provisions of Rr.49 & 50 of Sindh Chief Court Rules (O.S.) read with O.III Rr.l to 5, C.P.C., it would not be just to give any finding---Matter was referred to the Chief Justice for the constitution of a larger Bench. Province of East Pakistan v. Dr. Azizul-Islam PLD 1963 SC 296: Noor Muhammad v. Province of Sindh and others 1995 CLC 952; Murad Ali v. Collector of Central Excise and Land Customs PLD 1963 Kar. 280 and Multiline Association v. Ardeshir Cowasji and others PLD 1995 SC 423 = 1995 SCMR 362 fol. Nazir Ahmed v. Collector, Lahore District, Lahore 1993 CLC 241; Mir Abbas Khan and another v. Mrs. Dianat Fatima and 9 others 1989 MLD 3410; Arunachella Goundan v. Katha Goundan and others AIR 1924 Mad. 842; Basalingap A. Kushappa Kumbhar and others v. Shidramappa Irappa Shivanagi and another AIR 1943 Born. 321; Iqbal Sultan v. Miss Chand Sultan and 2 others 1990 CLC 366; Sabzal and others v. Bingo and others PLD 1989 Kar. 1; Mst. Sardaran Bibi and another v. Allahdino PLD 1990 Kar. 227; Mst. Qamar Sultana alias Qamarun Nisa v. Abdul Hussain and another 1982 CLC 767; Alice Civil Engineers and Contractor v. Syed Mushtari Atiq Ahmad and another 1980 CLC 466; Kamaluddin and another v. Nazir Ahmad 1987 CLC 1208; United Bank Ltd. v. Mian Tajammul Hussain 1998 CLC 179; Pakistan through General Manager, Pakistan Railway v. Messrs Q.M.R. Expert Consultants PLD 1990 SC 800; Aziz Flour Mills and 2 others v. I.D.B.P. 1990 CLC 1473 and Ex, Hav. Mirza Mushtaq Baig v. General Court Martial 1994 SCMR 1948…
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