DORAB PATEL, J.-The petitioner had filed an appeal in the Lahore Seat of the West Pakistan High Court against the judgment and decree passed against him by the District Judge, Campbellpur. As this appeal was dismissed in limine by Mr. Justice Ortcheson on 18-1-1965, the petitioner filed an application oz 16-2-1965 under clause 10 of the Letters Patent of the High Court for permission to file a Letters Patent Appeal, Mr. Justice Ortcheson had retired from the High Court before this application could be heard, therefore, it was placed on 28-2-1973 before the Chief Justice of the Lahore High Court who dismissed it on the ground that the certificate of fitness could have been granted only by the Judge who had dismissed the petitioner's appeal. Hence this petition for leave.
2. Clause 10 of the Letters Patent, in so far as it is relevant reads "And we do further ordain that an appeal shall lie to the said High Court of Judicature at Lahore from the judgment ... Of one Judge of the High Court where the Judge who passed the judgment declares the case is a fit one for appeal ;"
On the plain language of the clause the certificate could have been granted only by Mr. Justice Ortcheson because he was the Judge "who passed the judgment". Therefore, the petitioner lost his right, if any, under the clause on the retirement of Ortcheson, J., nor was this any hardship because be should have known that the learned Judge was due to retire.
3. However, according to Mr. Muhammad Ismail, the interpretation placed on clause 10 by the Chief Justice would cause great hardship, therefore, his submission was that we should construe the clause to mean that in cases of great hardship the certificate could be given by some Judge other than the Judge who had pronounced the judgment against which the certificate was sought. The language of clause 10 may be conferred with rule 5of Order XLVII of the Civil Procedure Code.
Unless that rule, clause 10 is so plain that we cannot read into it any meaning other than that placed on it by the learned Chief Justice.
The petition is without merit and is dismissed.