Intra Court Appeal (ICA)

What is Appeal ?

• Sikandar Jahan vs. Ghulam Zainab, 2013 CLC 228

• Appeal is the continuation of original proceedings and the appellate court is vested with the power to re-hear and decide the entire dispute between the parties.

Intra Court Appeal – Introduction

• Appeal before the bench of two or more judges of High Court against the Order of the Single Judge

Purpose of ICA

• To decrease the work burden of Supreme Court

S. 3, Law Reforms Ordinance, 1972

• Appeal to High Court in certain Cases: - (1) An appeal shall lie to a bench of two or more Judges of a High Court from a decree passed or final order made by a single judge of that Court in the exercise of its original civil jurisdiction.

• (2) An appeal shall also lie to a Bench of two or more judges of a High Court from an order made by a Single Judge of that Court under clause (1) of Article 199 of the Constitution of the Islamic Republic of Pakistan not being an Order made under sub paragraph (i) of paragraph (b) of that clause.

• (3) No Appeal shall lie under sub-section (1) or sub-section (2) from an interlocutory order or an order which does not dispose of the entire case before the court.

• (4) ………………………………………

S. 3(1), LRO

• (1) An appeal shall lie to a bench of two or more Judges of a High Court from a decree passed or final order made by a single judge of that Court in the exercise of its original civil jurisdiction.

Original Civil Jurisdiction and Constitutional Jurisdiction

• Power to hear a civil case for the first time

• Muzamil Sultan vs. FOP, PLD 2013 Lah 353

Constitutional Jurisdiction is granted under the Constitution, while Original Civil Jurisdiction is conferred by or under any statutory law.

Cases upon S.3(1), LRO

• Sunrise Textile vs. Mashreq Bank, PLD 1996 Lah 1

Jurisdiction of Company Judge is original civil jurisdiction conferred by statute and civil jurisdiction is a jurisdiction which is in contradistinction to criminal jurisdiction.

• 2001 YLR 1239 Interim Order passed in Constitutional Petition

had been assailed in intra-court appeal which was not maintainable.

Cases Continue …

• Waseem Ashraf vs. FOP, 2013 SCMR 33

“Right to file Intra-Court Appeal was not an unqualified or absolute right. Under S. 3(1) of Law Reforms Ordinance, 1972 an Intra-Court Appeal lay only against a decree or a final order of the single judge of the High Court and that too if it was passed in the exercise of its ‘original civil jurisdiction’.

S. 3 (2), LRO

• An appeal shall also lie to a Bench of two or more judges of a High Court from an order made by a Single Judge of that Court under clause (1) of Article 199 of the Constitution of the Islamic Republic of Pakistan not being an Order made under sub paragraph (i) of paragraph (b) of that clause.

Art. 199(1)(b)(i)

• Art. 199(1)(b)(i) has specifically been excluded from the purview of the S. 3 LRO

Cases upon S. 3(2), LRO

• PLD 2003 SC 325

Order impugned in the Constitutional petition having not arisen out of the proceedings in which law applicable after repeal of settlement laws provided no remedy of appeal, revision, bar of ICA contained in S(2) LRO would not be applicable.

Proviso of S. 2, LRO

• Provided that the Appeal referred to in this subsection shall not be available or competent if the application brought before the High Court under Article 199 arises out of any proceedings in which the law applicable, provided for at least one appeal or one revision or one review to any court, tribunal or authority against the original order.

Cases Upon Proviso

• M. Aslam Sukhera vs. Collector Land Acquisition, PLD 2005 SC 45

Bar under proviso to S.3(2) of Law Reforms Ordinance, 1972, to the remedy of ICA is in those cases in which the relevant law provides the remedy by way of appeal, revision or review.

Cases upon Proviso Cont…

• Thatta Cement vs. Registrar Trade Unions, 2012 PLC (CS)

53 Order under appeal was passed in Constitutional Petition

under Art.199 of the Constitution, which had arisen out of the proceedings commenced before Registrar, trade unions on application of respondent trade union and order for grant of such certificate of registration of trade union, issued by Registrar in favour of respondent trade union was an original order passed in such proceedings, in which right of appeal was provided under S.9(5) of Industrial Relations Ordinance, 2002

S.3(3) LRO

• (3) No Appeal shall lie under sub-section (1) or sub-section (2) from an interlocutory order or an order which does not dispose of the entire case before the court.

Cases upon S.3(3)

• Abdul Majeed vs. FOP, PLD 2012 Lah 112

No appeal would lie from an interlocutory order or an order which did not dispose of the entire case before the court

Maintainability of ICA U/S. 3, LRO

• Against Decree or Final Order of Single Judge of High Court in Civil Original Jurisdiction

• Order passed under Art. 199 of the Constitution

Exclusions

• Order passed by Single Judge but not in Civil Original Jurisdiction

• Where the Order assailed is not the final order

• Order passed under Art.199(1)(b)(i)

• Where a remedy against the Original Order is provided before Writ

• Interlocutory Orders

Limitation Period to file ICA

• Within 20 days of decree or final order - Art. 151, Limitation Act

• The Time consumed in obtaining certified copy to be excluded in computation of limitation period.

• National Bank vs. Khalid Javed Qureshi, PLD 2013 Lah 269

The time consumed in obtaining certified copies was condoned, even attaching certified copy is not mandatory in ICA.

Who is Competent to Hear

• Under S. 3(1) of LRO

A Bench of Two or more Judges of the High Court

• Waseem Ashraf vs. FOP, 2013 SCMR 338

ICA was heard by the single judge of ISB High Court due to non-availability of judges during summer vacations. SC set aside the order passed in ICA

Ambit of ICA

• 2004 CLC 1104

Scope of Intra-court Appeal was not similar to appeal filed from a subordinate court to the higher court as provided under CPC. Ambit of appeal u/s 3, LRO was like a review petition under O. XLVII, R.1 CPC and meant to correct errors apparent on the face of record.

Ambit of ICA Cont…

• 2004 MLD 1615

ICA can be filed when the impugned judgment of the single judge is shown to have been delivered against the provisions of law or is the result of misreading, non-reading or same has caused miscarriage of justice

Grounds of ICA

• ICA has to contain all those grounds on which the order of the single judge has been assailed alongwith the Final Order of the single judge.

No New Plea to be Raised in ICA

• PPSC vs. Aysha Nawaz, 2011 PLC (CS) 1284 Plea not raised in Constituional Petition cannot

be raised in ICA • PLD 2002 Lah 28 When a person has not pleaded something and

has not built up his case on the specific assertion he is precluded from taking such a plea before the Appellate forum.

Subsequent Events

• 2004 CLC 1723

Court had ample jurisdiction to look into the subsequent events at the time of deciding the case