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1949 Supreme(Lah) 17

CORNELIUS
Sultan Ali Nanghiana S/o Muhammad Ali – Appellant
Versus
Nur Hussain – Respondent


JUDGMENT

Cornelius, J. - This proceeding lying in the jurisdiction of this Court to punish contempts of its own orders has come before this Full Bench in the following circumstances. An election petition was proceeding before the Election Petitions Commission at Lahore which had been instituted by one Mian Nur Hussain against the returned candidate Mian Sultan Ali Nanghiana, M.L.A. from the Shahpur Muhammadan Constituency. The recording of evidence bad been closed and the case had been fixed for hearing arguments when Mian Sultan Ali Nanghiana instituted a suit in the Court of Mr. Muhammad Saleem Subordinate Judge, 1st class, for certain declarations. He complained that the Election Petitions Commission (hereinafter referred to as " the Commission) had unjustly refused to him his inherent right to appear in evidence as his own witness, as well as his right to examine on commission a witness, namely, Chaudhri Ram Singh Senior Superintendent of Police, who was now in the Indian Dominion, by the issue of a commission. At the same time, the plaintiff sought an injunction against the defendant, Mian Nur Hussain to prevent him from proceeding further with the case before the commission ti

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