Intra-Court-Appeal (I-C-A), whereby a writ petition in a family matter has been dismissed without touching the merits of the case. How to draft an Intra-Court-Appeal I-C.A? The sample is given here, please make necessary amendments as per the facts of the case.

Intra-Court-Appeal

Forum: High Court, from where the writ petition has been dismissed.

Parties/title: Same parties, which were impleaded in the writ petition.

INTRA-COURT-APPEAL (I.C.A) AGAINST JUDGMENT DATED 30.09.2018 PASSED BY HIS LORDSHIP MR…. WHEREBY THE LEARNED HONORABLE SINGLE BENCH DISMISSED W.P. No. 2131/2018 FILED BY THE APPELLANT  

Respectfully Sheweth,

That brief facts of the instant Intra-Court-Appeal are that respondent No. 3 had filed a suit against the present appellant which was ex-parte decree by the learned trial court on 02.11.2012, as the appellant was not served, then after getting knowledge, the appellant filed an application for setting aside ex-parte decree dated 02.11.2012 before the learned trial court/respondent No. 2 which was accepted against the payment of Rs.2000/- as fine vide order dated 21.02.2014. Thereafter, a compromise between the appellant and respondents No. 3 & 4 was effected through respectable of vicinity after waving decretal amount of ex-parte decree dated 02.11.2012, consequently, respondents No. 3 & 4 joined the appellant and started living with him, in the house of the appellant and during this period minor son namely Muhammad Arslan born from this wedlock in the month of March 2014.

That after the birth of the minor, respondent No. 3 again deserted herself along with respondent No. 4 and minor son Muhammad Arslan without any cogent reason or lawful excuse from the house of the appellant. Thereafter, the appellant received notices from the trial court /respondent No. 2 concerning to execution petition of the aforementioned ex-parte decree dated 02.11.2012 and on appearing before the learned trial court/respondent No. 2, it transpired that after effecting a compromise, respondent No. 3 had neither withdraw execution petition nor made any statement in ex-parte decree proceeding rather the execution petition was not transferred from the learned trial court/respondent No. 2 to the court of learned civil/family judge and now it is again pending before the trial court/respondent No. 2.

That on 19.06.2015, the appellant again moved an application for setting aside ex-parte decree dated 02.11.2012 which was dismissed by the learned trial court/respondent No. 2 vide its order dated 13.03.2018.

That after the dismissal of the above said application, the appellant being aggrieved filed an appeal before the learned A.D.J, /respondent No.1 against the order dated 13.03.2018 but astonishingly, the same was also dismissed by the learned A.D.J, vide judgment dated 22.06.2018.             

That thereafter, the appellant being left no other remedy, invoked the constitutional jurisdiction of this Hon’ble court by filing W.P.No. 2131/2018 but the Honorable single bench of this honorable court vide its order dated 30.09.2018 dismissed the constitutional petition without touching/addressing the issues or giving any verdict on grievances and relief sought by the appellant against respondents. Hence, the appellant through instant I-C-A submit for setting aside the impugned order dated 30.09.2018 passed by the learned Hon’ble court single bench of this Hon’ble court on the following amongst other: -

G R O U N D S

That the impugned order dated 30.09.2018 is against facts, law, and the principle of natural justice.

That the impugned judgment is against the facts and the honorable single bench has ignored the crystal clear malafide at the part of respondent No. 3 that during the proceedings of extortion of ex-parte decree, a compromise between the parties was effected and after that compromise minor son was born in the month of April 2014 and even the appellant and respondent No. 3 jointly participated in a marriage ceremony on 3^rd March 2017 due to compromise but later on without any cogent reason or justification the respondent No. 3 again deserted herself and started to initiate execution proceedings against the appellant.

That Honourable single bench whilst reaching to its impugned verdict has ignored this very fact that constitutional rights stay at the top of the pyramid of all sorts of legal rights hence remedies available to protect constitutional rights are also supreme over other remedies so that the acts leading to infringement of fundamental rights were nullified and the rule of law upheld in the society.” ‘Asaf Fasih ud Din Verdag Versus Government of Pakistan’ [2014-SCMR-676]. Therefore, in the light of various pronouncements of the honorable Supreme Court of Pakistan and various High Courts, the impugned decision of the honorable single bench is not maintainable.

Honorable High Courts are meant to safeguard the constitutional rights of the citizens of Pakistan against arbitrary and mala fide acts of the executive and dispense justice in society at any cost. It is a largely recognized principle of natural justice ‘Fiat justitia ruat coelum’, (‘let justice be done if the Heavens fall’. In the circumstances, the impugned judgment of an honorable single bench is against the scope of natural justice, contradictory to various pronouncements of the honorable apex courts, and violative of constitutional mandate hence is not sustainable in the eyes of law and liable to set aside.   

PRAYER:

In view of the above, it is most respectfully prayed that instant I-C-A may kindly be accepted and the order dated 30.09.2018 passed by his lordship Mr… in writ petition No. 2131/2018 may graciously be declared illegal and same may graciously be set aside, in the interest of justice.

Appellant                Through                Counsel

Certificate: -

It is certified that this is the first I.C.A against the impugned order dated 30.09.2018 in W.P No. 2864/2018 which may also be put up alongwith this petition.

Counsel