Case Details

Citation(s)
2005 SLG 1282 2005 SLD 1282 2005 CLC 978
Lahore High Court
Intra-Court Appeal No.184 of 2004, decision dated: 21st March, 2005.
NAZIR AHMED SIDDIQUI AND SH. HAKIM ALI, JJ

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YAMIN

VS

Mst. JAJAN and others

Law:

Section:

Law Reforms Ordinance (XII of 1972)-------S. 3---Intra-Court Appeal---Scope---Wisdom for providing Intra-Court Appeal against an order passed in Constitutional jurisdiction of High Court was for bringing another finding from a second Court so that no wrong/mistake/error/omission should remain in the field and the parties be given full opportunity of hearing and adjudication by at least two authorities/forums or Courts---Appeal being the first remedy provided to a party, therefore, after second remedy of Constitutional petition, seeking a third finding/ through Intra-Court Appeal had been closed by Legislature in its wisdom---Power of Intra-Court Appeal could not be exercised in case where a remedy of appeal/revision/review/ representation was available against original order---Intra-Court Appeal being not maintainable, was dismissed. Mst. Karim Bibi and others v. Hussain Bakhsh and another PLD 1984 SC 344; Bassi v. Qasim Ali and others 1998 SCMR 13; Mst. Wazir Begum and others v. Member, Board of Revenue/Chief Settlement Commissioner and others 2000 SCMR 989; Basai v. Qaim Ali and 8 others PLD 2003 SC 325 and Province of Sindh through Chief Secretary, Sindh v. Gul Muhammad Hajano 2003 SCMR 325 ref. Athar Rehman Khan for Appellant. Muhammad Amir Bhatti for Respondents. ORDER Yamin, the appellant of the instant Intra-Court Appeal is aggrieved from a judgment, dated 12-7-2004 passed by our learned brother Mr. Justice Muhammad Khalid Alvi in Writ Petition No.45/R of 1994 (Mst. Jajan v. Assistant Commissioner/Deputy Settlement Commissioner (Land)/Notified Officer, Mailsi, District Vehari). 2. The facts have been exhaustively dealt with by the learned Single Judge in Chambers in the impugned judgment, so those need not be reiterated and reproduced in this Intra-Court Appeal especially because of preliminary objection having been raised by the learned counsel for respondent No.1. The learned counsel for respondent No.1 has raised a preliminary objection with regard to the maintainability of this Intra-Court Appeal by stating that the original order, dated 3-5-1967 passed upon "Mukhbari" application filed under sections 10/11 of the Displaced Persons Land Settlement…
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