THE PROVINCE OF PUNJAB vs ZIA Ul HASSAN And 4. Other
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal filed by the Province of Punjab against Zia ul Hassan and others, reported as 1985 SCMR 1217. The core legal questions for examination are whether the appeals filed on 11 February 1978 were competently instituted in view of sections 26 and 54 of the Land Acquisition Act read with Order XLI, Rule 1 of the Code of Civil Procedure 1908, and whether the return of the appeal memoranda by the court office for a requirement not mandated by law could curtail a right already properly exercised. The Supreme Court granted leave to appeal to examine these questions, ordered the interim order to continue, and directed that the appeal be heard on the present record with liberty for parties to file additional documents. The key principle laid down concerns the protection of a properly exercised right of appeal against improper administrative returns by court offices.
- Whether appeals filed under the Land Acquisition Act read with Order XLI, Rule 1 of the Code of Civil Procedure 1908 are competently filed?
- Can the act of the court office in returning memos of appeal for something not required by law impede or curtail a right of appeal already properly exercised?
- Section 26, Land Acquisition Act 1894
- Section 54, Land Acquisition Act 1894
- Order XLI Rule 1, Code of Civil Procedure 1908
ORDER
1. SHAFIUR RAHMAN, J.--Leave to appeal is granted to examine whether in view of sections 26 and 54 of the Land Acquisition Act read with Order XLI, rule 1, C.P.C. The appeals as filed within the on 11- 2-1978 were not competently filed. If the appeals were competent, complete and within the whether the at of the office of the Court of returning the memos of the appeals for doing something not required by the law could impede or curtail the right of the petitioner already properly exercised.
2. The interim order to continue. Let the appeal be heard on the present record with liberty to the parties to file such additional documents as they may consider necessary. Let the appeal be completed for early hearing.