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FEROZ SHAH versus MANZOOR HUSSAIN


Appeal under Article 58 (3) CL 10, Letter Patent (Lahore) authorized but filed immediately by the Applicants, the application for appeal of special leave was not filed and the petitioner was returned.

1969 S C M R 96 (1)

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

FEROZ SHAH AND 2 OTHERS‑Petitioners

versus

MANZOOR HUSSAIN SHAH AND 84 OTHERS Respondents

Civil Miscellaneous Petition No. 23‑P of 1968, decided on 24th October 1968.

(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated the 10th March 1968, in Review Petition No. 47 of 1968/Regular Second Appeal No. 375 of 1967).

Constitution of Pakistan (1962)------

----

Art. 58(3)‑Appeal under Cl. 10, Letters Patent (Lahore) competent but petitioner stead straightway filing, Petition for Special Leave to Appeal‑Petition not entertained and returned to petitioner.

Peer Bakhsh Khan, Advocate Supreme Court instructed by Muhammad Tariq Khan, Attorney for Petitioners.

Nemo for Respondents.

Date of hearing : 24th October 1968.

ORDER

FAZLE‑AKBAR, C. J.‑

Special leave to appeal is sought against the judgment passed in Regular Second Appeal No. 375 of 1967 by the High Court of West Pakistan at Peshawar and also against the order dismissing a petition which was filed for review of the said judgment.

The petitioners, instead of asking for a certificate from the High Court under Clause 10 of the Letters Patent, have straight way filed this petition for special leave to appeal. We, therefore, direct that this petition may be returned to the Attorney concerned.

Order accordingly.

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