Letters Patent Appeal

It might, be more aptly described as internal arrangement of Court for reviewing its own decision given in first instance by one member of Court

Appellants failed to bring on record legal representatives of one of respondents within prescribed time after his death in spite of parties residing in same property

Appellants also failed to apply for condonation of delay in bringing on. record legal representatives within prescribed time-Appeal against both respondents abated

Death of said respondent as well as abatement of appeal took place before enforcement of Ordinance, 1972

Appellants, held, could not avail of amended provisions of O.XXII, rr. 4 & 9 of Civil Procedure Code, 1908.

Judgment and order of High Court dismissing Letters Patent Appeal filed without requisite certificate of Single Judge as being incompetent-Held, unexceptionable-Leave to appeal refused.

Art. 185 (3)-Limitation Act (IX of 1908), S. 5-Letters Patent Appeal-Condo nation of delay Illness of petitioner or delay in arranging funds, being grounds for condo nation of delay, held, were such that refusal to condone delay in exercise of discretion, could not be considered as against any accepted principle-High Court also considering question as to whether petitioner was so ill at all as to incapacitate him, held further, also unexceptionable-No justification having been made for interference, petition for leave to appeal dismissed.

Limitation-Rule that statute of limitation not attracted if order appealed against a nullity in law-Held, applicable only if such order shown to have been passed without jurisdiction.-[Limitation]

Contention neither raised before Settlement Commissioner nor urged before "Single Judge of High Court"-Held, cannot be urged in Letters Patent Appeal.

Question of fact-Cannot be allowed to be urged in appeal. [Question of fact].

S. 2-Letters Patent Appeal -Act VI of 1975-Not retrospective in operation so as to affect vested right of intra Court appeal-Right of intra-Court, appeal accruing at time of institution of writ petition, intra-Court appeal, held, entertainable despite original order being revisable or reviewable.-[Intra-Court Appeal-Letters Patent Appeal].

Service matters-Judgment-Impugned judgment not in harmony with at least three earlier Division Bench cases having direct bearing on case in hand-Serious implications arising from restoration to office of respondent after about 15 years of his wrongful retirement overlooked-Nothing said to show refusal by Single Judge to grant redress to respondent on ground of laches being wrong in principle, improper, or capricious-No attempt made to distinguish Division Bench judgment bearing on case on facts either-Letters Patent Bench, held, could not justifiably interfere with exercise of discretion by Single Judge unless anyone of such conditions satisfied.-[Civil services-Laches-Judgment].

Condonation of delay-Appellant misled by quick changes made in law relating to appeals-Sufficient cause, held, existed for con. donation of delay in filing appeal.

New plea-Ordinarily not open to parties to raise a contention not pressed before Court from whose judgment appeal preferred

Question of law going to root of case may be permitted to be raised as an exception to rule but mixed question of law and fact cannot be allowed to be raised for first time in Letters Patent Appeal-Whether property had been partly converted into industrial concern ; extent of its conversion and effect of entitlement for its transfer under Displaced Persons (Compensation and Rehabilitation) Act, 1958-A mixed question of law and fact-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched, para. 15(3) read with Press Note dated 3-5-60.

Appeal (against order of Company Judge passed under S. 175, Companies Act, 1913) preferred beyond limitation (of 20 days)-Appellants minors and amount, involved in appeal, substantial

Delay condoned-Limitation Act (IX of 1908), S. 15 & Art. 151

Companies Act (VII of 1913), Ss. 162 & 175.

No contention at Letters Patent stage can be raised on point.

Letters Patent Appeal-Finding of fact-Evidence on question whether B was daughter of Knot properly appreciated and question decided by Courts below on fanciful grounds-Letters Paten Bench, held, justified, in circumstance, to go through evidence all~ come to correct finding-Letters Patent (Lahore), Cl. 10.

Cl. 10-Letters Patent Appeal-Entire case open before Bench and case can be decided on merits.

Cl. 10 lead with High Court Rules and Orders (Lahore), Vol. V, Ch. 1-A, r. 4-Letters Patent Appeal-Limitation-Time requisite for obtaining copy of judgment and decree-Excluded.-[Abdul Karim v. Sheikh Muhammad P L D 1966 B J 14 reversed].

Certificate of fitness of appeal-Period of 15 days to be counted from date of announcement and not signing of judgment.

S. 39 (2)-Letters Patent Appeal-Whether competent-Letters Patent (Lahore), cl. 10.