Terms of Section 14(3) appeal before the learned District Judge

Learned counsel for the petitioner has mainly argued that in terms of Section 14(3) appeal before the learned District Judge was incompetent; therefore, impugned order is coram non judice, without jurisdiction In this regard, he has relied on “Mst. Sabira Sultana v. Asif Firdous” (2011 YLR 1543), “Shamim Ara v. Bakhtawar Gul and 2 others” (2012 CLC 1881). Learned counsel for the petitioner further argued that lower appellate Court has failed to appreciate, while passing the impugned order dated 18.02.2017 that any order in the presence of order dated 03.06.2015 regarding chalking out the schedule of meeting in accordance with the wishes of respondent No.2 would amount to review of earlier order dated 03.06.2015 after lapse of more than 1 year and 8 months, which is certainly not warranted by law as the same had attained finality and respondent No.2 has not challenged the same at any forum. Contends that in terms of Section 47 of Guardian and Wards Act order passed under Section 12 is not appealable. Moreover, impugned judgment is contrary to law and is liable to be set aside.

Used in Judgment of
Lahore High Court
Writ Petition-Family-Guardianship
8132-17

2017 LHC 2257