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Civil Appeals Nos. 551 to 555 of 1980, decided on 20th October, 1986. (On appeal from the judgment of the High Court, dated 23‑2‑1980 in I.C.A. Nos. 172 and 173 of 1975).
‑‑‑Art. 189‑‑Civil Procedure Code (V of 1908), O. XLI, R. 33‑‑Supreme Court Rules, 1980, O. XXXIII, R. 6‑‑Filing of incompetent intra‑Court appeals‑‑Effect of‑‑Supreme Court dismissed appeals arising from a common judgment passed by High Court allowing incompetent intra ‑Court appeals and declared impugned judgment to be a nullity
Ch. Khalil‑ur‑Rehman, Senior Advocate Supreme Court, instructed by Ch. Gulzar Hassan, Advocate‑on‑Record for Appellants (in Civil Appeals Nos. 551, 552 and 553 of 1980) and for Respondent No. 1 (in Civil Appeals Nos. 554 and 555 of 1980).
A.R. Sheikh, Senior Advocate, Supreme Court instructed by S. Inayat Hussain, Advocate‑on‑Record for Respondent No. 1 (in Civil Appeals Nos. 551. 552 and 553 of 1980) and .for Appellant (in Civil Appeals Nos. 554 and 555 of 1980). ‑‑
Shahzad Jehangir, Advocate Supreme Court instructed by Raja Abdul Razzaque, Advocate‑on‑Record for the Settlement Department (in all Appeals).
Dates of hearing: 19th and 20th October, 1986.
For the reasons to be recorded later, Civil Appeal No. 554 of 1980 arising out of Civil Petition No. 597 of 1980 and Civil Appeal No. 555 of 1980 arising out of Civil Petition No. 598 of 1980 impugning the common judgment, dated 23rd of February, 1980, passed in Intra‑Court Appeals Nos. 172 and 173 of 1975, are disposed of in terms that these were incompetently filed, and, therefore, A the common judgment, dated 23rd of February, 1980, by which these appeals were allowed, is declared to be a nullity. Civil Appeal No. 553 of 1980 arising out of Civil Petition No. 772 of 1980 is also disposed of in the same terms as it was filed to impugn a portion of the common judgment, dated 23rd of February, 1980 passed in Intra‑Court Appeal No. 172 of 1975. There will be no order as to costs.
Civil Appeals Nos. 551 and 552 of 1980 are dismissed, but with no order as to costs.
M.I. Order accordingly.
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