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Article (58 ()) Special appeal for appeal against the High Court's leave against the High Court decree has been granted in view of the High Court ruling as a reversal and because the law and the facts Is important to consider.

1968 S C M R 1356

Present : Fazle‑Akbar, C. J. and Sajjad Ahmad,J

Seth FAZAL HUSS AIN‑Petitioner

versus

THE GOVERNMENT OF WEST PAKISTAN AND OTHERS‑Respondents

Civil Petition for Special Leave to Appeal No. 37 of 1968, decided on 20th June 1968.

(On appeal from the judgment and order of the High Court of West Pakistan, Karachi, dated the 5th September 1967, in First Appeal No. 67 of 1967).

Constitution of Pakistan (1962)

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-- Art. 58(3)‑Petition for Special Leave to Appeal against decree of High Court‑Leave granted in view of High Court's decree being one of reversal and because complicated questions of law and facts required consideration.

Sh. Bashir Ahmad, Senior Advocate Supreme Court instructed by Salim Ahmad Malik, Attorney for Petitioner.

Nemo for Respondents.

Date of hearing : 20th June 1968.

ORDER

SAJJAD AHMAD, J.

‑This petition is directed against the judgment and decree passed by the High Court of West Pakistan, Karachi in First Appeal whereby a decree passed in favour of the petitioner by the first Court against respondent No. 1 (The Government of West Pakistan) in the sum of Rs. 1,06,771‑11‑1 with future interest at 4% per annum or. the decretal amount till its recovery was set aside.

As complicated issues of fact and law arise in the ease which involve a substantial amount of over Rs. 1 lakh and the decree of the High Court under challenge is one of reversal, we grant leave to appeal. The petitioner shall deposit security in the sum of Rs. 2,000 for costs before the appeal is set down for hearing.

Leave granted.

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