Integrity Score 405
No Records Found
No Records Found
At the Lahore High Court continues...
By the time the two lawyers appeared, I was closing my argument. They were now called upon to defend the judgment of the lower court. They started defending it on various grounds but had nothing to say about what I had argued in their absence and which, fortunately for my clients, had impressed the Judge. The appeal was accepted; and my clients had a hearty laugh at me !
I felt however that this was a pyrrhic victory. When the judgment came out, it contained a number of obvious errors. The other side filed a petition for review as well as a Letters Patent appeal, Justice Martinue who had heard the appeal issued notice on the review petition. But before the review could be heard by the Bench, the Letters Patent Appeal had been dismissed—presumably as premature because there was a request for review before the Court as well. When I appeared at the review stage, Justice Martinue said that he had made an error and he must allow the review. I raised a preliminary objection that he had no jurisdiction to grant the review as his original judgment had been confirmed by the decision of the Letters Patent Bench and as a single judge he could do nothing in the matter. This objection prevailed and the review petition was also dismissed! My success in this case made me famous in the District of Gurdaspur.
Another case which to my amazement went against me was heard at the first stage by Justice Scot-Smith. The case raised a question of custom amongst the Ghirths of the Kangra District and turned on the claim of a daughter in the estate of her deceased father. Bakhshi Tek Chand had been engaged by the other side. In spite of my very cogent arguments, I lost the case! Having lost the appeal, I advised my clients to file a Letters Patent appeal which came up for hearing before the Chief Justice. Sir Shadi Lal and Mr. Justice Le-Rosignol.
to be continued....