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ANWAR MASIH versus VINNIS OLIVER KOKHAR


Article 185 (3) Appeal against a single judge's decision of the High Court is barred for 194 days but the Supreme Court has only applied on the intra-court appeal as far as the intra-court appeal was concerned. A hearing in which the Supreme Court inquired. The question of fact and the law were not raised

1983 S C M R 1056

Present: Aslam Riaz Hussain and Nasim Hasan Shah, JJ

ANWAR MASIH‑‑Petitioner

versus

MRS. VINNIS OLIVER KOKHAR AND OTHERS‑Respondents

Civil Petition for Special Leave to Appeal No. 199 of 1977, decided on 13th March, 1983.

(On appeal from the judgment and order of the Lahore High Court, dated 18th January, 1977, in I.‑C. A. No. 122/76).

Constitution of Pakistan (1973)‑

-----Art. 185(3)‑‑Petition for leave to appeal barred by 194 days as against judgment Of Single Judge of High Court but "within time" as far as Intra‑Court Appeal was concerned‑Supreme Court heard petitioner on Intra‑Court Appeal only‑Petition requiring Supreme Court to enquire into question of fact and no question of law raised‑ Petition dismissed.

Ch. Atta Ullah, Advocate Supreme Court and Sh. Abdul Karim, Advocate -on‑Record for Petitioner.

Nemo for Respondents.

Date of hearing: 13th March, 1983.

ORDER

ASLAM RIAZ HUSSAIN, J.‑‑

This petition is directed against the judgment of a learned Single Judge of the High Court dated 30‑6‑1976, as also against the judgment of a learned Division Bench dated 18‑1‑1977, dismissing his I.‑C. A. against the aforementioned order.

The petition is barred by 194 days, as against the judgment of the learned Single Judge but within time as far as I.‑C. A. is concerned.

We have heard the petitioner's counsel at length on the impugned judgment dated 1E‑10‑1977 in Annex. A. He only requires the inquiry into question of fact. No question of law has been raised before us. The petition is, therefore, dismissed.

Petition dismissed.

M. Z. M.

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