MUHAMMAD YASEEN Versus DEPUTY SETTLEMENT COMMISSIONER
This matter concerns a petition for leave to appeal against an order passed by a Judge-in-Chamber, which dismissed a regular first appeal in limine. The core legal question before the Supreme Court was whether the summary dismissal of a regular first appeal by a Judge-in-Chamber is legally permissible, particularly in light of established precedent regarding the procedural requirements for disposing of such appeals. The petitioner contended that such dismissal violated the principles laid down by the Supreme Court in the case of Abid Hussain v. Mst. Afsar Jehan Begum and another (PLD 1973 SC 1). The Court, upon considering the contention, issued a notice to the respondent to show cause why the petition should not be converted into an appeal and allowed. Furthermore, the Court granted interim relief, ordering a stay of the execution of the decree, subject to the petitioner furnishing a bank guarantee for half the decretal amount and personal security for the remainder to the satisfaction of the Executing Court.
- Is the dismissal in limine of a regular first appeal by a Judge-in-Chamber legally valid?
- Under what conditions may the execution of a decree be stayed pending the disposal of a petition for leave to appeal?
ORDER
SHAFIUR RAHMAN, J. --Mr. Shahid Hussain Qadri, Advocate, the learned counsel for the petitioner contends that the dismissal in limine of a regular first appeal by a learned Judge-in-Chamber is clearly in violation of the law laid down by this Court in Abid Hussain v. Mst. Afsar Jehan Begum and another P L D 1973 Supreme Court 1.
2. Notice to the respondent why on the assertion being established the petition be not converted into appeal and allowed.
3. If bank guarantee for half the amount and personal security for the remainder is furnished to the satisfaction of the Executing Court, the execution of the decree be stayed meanwhile.
S.Q./D-9/S Order accordingly