Raja Saeed Akram Khan, C.J. The captioned appeal has been filed against the order passed by the Addl. Registrar of this Court on 11.08.2021, whereby, the applications moved by the appellant for impleading the legal heirs as party were disposed of.
2. At the very outset, a query was made to the learned counsel for the appellant that the instant appeal has been filed by Muhammad Lal, whereas, the certified copies of the impugned order have been obtained by one Rehmatullah which is violation of principle of law laid down by this Court in a number of cases; he after revisiting the record very graciously conceded the legal position.
3. According to the record, this appeal has been filed by Muhammad Lal against the impugned order passed by the Additional Registrar on 11.08.2021. The copies annexed with the memo of appeal have been obtained by one Rehmatullah. The principle of law laid down by this Court in a number of cases is that the party who wants to avail the right of appeal should obtain the relevant copies in his name either personally or through his recognized attorney or agent who may be even his Advocate. Reliance in this regard may be placed on the following cases:
(i) Azad Govt. & another vs. Mujahid Hussian Naqvi [2002 SCR 3021].
"Rule 3 of Order XIII postulates that the petitioner shall lodge at least four copies of his petition for leave to appeal and the judgment and order sought to be appealed from together with grounds of appeal or the application before the High Court but in the instant case the Government or none of its representatives lodged their petition for leave to appeal along with the judgment sought to be appealed from as the copy of the judgment or order sought to be appealed from shows that it was obtained by one Syed Zahoor-ul-Hassan Gillani who appears to be totally alien to the proceedings in question."
(ii) AJ&K Government and 2 others vs. Abdul Salam Butt and 3 others [2003 SCR 2871].
"... Under Order XIII, rule 3 of the Azad Jammu and Kashmir Supreme Court Rules, 1978, a petition for leave to appeal is required to be accompanied by the judgment and order sought to be appealed from together with the grounds of appeal before the High Court. It is the requirement of law that the copies must be obtained either by the head of department or by a person duly authorized in this behalf. In the present case, as stated earlier, the copies were obtained by Muhammad Jamil who is just a Coolie Mate and was temporarily asked by the department to appear on its behalf in the Court at Pallandri. The mandatory provisions, thus, have not been complied with, therefore, the appeal of the Government is not competent which, without attending other objections, is dismissed with costs.
(iii) State vs. Naseer Ahmed and another [2004 SCR 104].
"... Under Order XIII rule 3 of the Supreme Court Rules, petition for leave to appeal is required to be accompanied by the judgment and order sought to be appealed from along with the grounds of appeal before the High Court. It is the requirement of rules that copies must be obtained in the name of the State by a person duly authorized in this behalf. In the present case the copies have not been obtained by the Advocate-General or any other person authorized in this behalf, therefore the mandatory provisions have not been complied with. This petition for leave to appeal, therefore, is not competent... ."
(iv) AJ&K Govt. & others vs. Ch. Khadim Hussain Ex. SDO [2005 SCR 2111].
"... In past we have repeatedly laid down that the petitioner who wants to avail the right of appeal should obtain the relevant copies in his name either personally or through his recognized attorney or agent who may be even his Advocate. In this connection Order XIII rule 3 of the Supreme Court Rules, 1978, is clear whereby the petitioner is required to file four copies of his petition for leave to appeal accompanied by the impugned judgment recorded against him by the Court below and copies of other necessary documents. The plain reading of the said rule shows that the petitioner either himself or through his recognized attorney/agent, who may be even an Advocate if he is duly appointed prior to filing of petition for leave to appeal, may obtain the copies of relevant documents in his name through such person."
As the certified copies have not been obtained by the appellant himself or through his recognized agent, hence, in view of the principle of law laid down by this Court in the above referred judgments, this appeal is dismissed. No order as to costs.