Sheikh ABDUL HAQUE And Another vs Dr. SAFDAR BOKHARI And Other
This matter involves civil appeals arising from a common judgment passed in Intra-Court Appeals. The core legal question addressed is the competency of the Intra-Court Appeals filed before the High Court. The Supreme Court of Pakistan held that the Intra-Court Appeals were incompetently filed and consequently declared the common judgment allowing those appeals to be a nullity. Additionally, connected civil appeals were disposed of in the same terms or dismissed accordingly. The key principle laid down is that an incompetent appeal cannot sustain a valid judgment, rendering any decision rendered thereon a nullity in the eyes of the law.
- Whether an Intra-Court Appeal filed without legal competency renders the resulting judgment a nullity?
- How should civil appeals arising from an incompetent Intra-Court Appeal be disposed of by the Supreme Court?
ORDER
1. MUHAMMAD HALEEM, C.J.--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.
2. Civil Appeals Nos. 551 and 552 of 1980 are dismissed, but with no order as to costs.