Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Civil Petition for Special Leave to Appeal No. K‑61 of 1972, decided on 1st September, 1980.
(On appeal from the judgment of High Court of Sind, dated 5th November, 1978, in J.M. No. 40 of 1975).
Constitution of Pakistan (1973)‑‑
‑‑‑Art. 185(3)‑‑Civil Procedure Code (V of 1908), O.XXXIII, rr. 1 & 2‑‑Permission to sue in forma pauperis‑‑Petitioner in another case already permitted by High Court to sue certain different parties in forma pauperis‑‑Leave to appeal granted to examine dismissal of petitioner's appeal by High Court against order of Registrar rejecting his application under O.XXXIII, rr. 1 & 2, C.P.C. in present case.
Nizam Ahmed, Advocate‑on‑Record for Petitioners.
Nemo for Respondents.
Date of hearing: 1st September, 1980.
J.‑‑ This is a Petition for Special Leave to Appeal from the judgment of Sind High Court, dated 5‑‑11‑1978, dismissing petitioners' Appeal against the Order of the Additional Registrar of that Court rejecting their Application tinder Order XXXIII, rules 1 and 2, C.P.C. By that application petitioners sought permission to sue the respondent, in forma pauparis, for recovery of Rs. 29,92,000, being the cost of vessel M.V. Esso ARK, or in the alternate, the amount of insurance recovered for the loss of the Vessel, etc.
In support of their application, petitioners asserted that after the fall of East Pakistan at the end of year 1971, they have been left with no source and means to pay the requisite court‑fee of Rs. 15,000. It seems that this assertion was not controverted, in fact the Deputy Collector, Karachi, in his report dated 10‑10‑1975. forwarded to, the High Court, supported petitioners' assertion. The High Court, however, upheld the order of the Additional Registrar rejecting petitioners' request on points which related to the merits of petitioners' claim in suit.
Learned counsel for the petitioners has produced before us a copy of the order of Additional Registrar of the High Court, dated, 22‑3‑1980, in J. Miscellaneous Application No. 32 of 1972, by which petitioners have been permitted to sue certain different parties in forma‑ pauperis.
Since in another proceeding, petitioners have been declared as pauper this case deserves examination.
Special Leave is granted. Security Rs. 500.
Delay in filing of the petition is condoned, subject to all just exceptions that may be taken at the hearing.
Appeal to be made ready on the present record; it is, however, open to the parties to file additional documents, if any.
S.Q. Leave granted.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer