Law:

Section:

Constitution of Pakistan (1973)--- --Art.185---Civil Procedure Code (V of 1908), S.115---Appeal to Supreme Court---Interlocutory order passed by a competent Court---Interference by supreme Court---Scope---Ordinarily, an interlocutory order passed by a competent Court is not interfered with by the Supreme Court ---Non-Interference with such an order is a rule and interference an exception--interference is justified in order to obviate miscarriage of justice where the interlocutory order is arbitrary, capricious and against the well-settled principles of law---Where the petitioner was admittedly a contesting candidate for National Assembly seat and his candidature was protected by the and decree challenged in the civil revision---Concurrent findings of fact by two Courts with regard to his age to contest election were favour of the petitioner which were to be scrutinized by the High Court at to final hearing of the revision in the light of settled law on the subject and pope of revisional jurisdiction---If the interlocutory order, which was passed at the back of the petitioner and appeared to be unnecessary remained in the field the petitioner was to be sidelined in the General Elections on the ground of being less than twenty-five years of age and would suffer an irreparable loss in case .revision was dismissed---Present case fell within the category of exceptional cases on account of the nature of interlocutory order and a case for interference was thus made out which could be done without touching the merits of the case---Supreme Court converted the petition into appeal and allowed the same in terms that interlocutory order would remain suspended till disposal of the revision by High Court. Ramzan Sugar Mills Ltd. v. Miraj-ud-Din 1994 SCMR 2281 and Islamic Republic of Pakistan v. Muhammad Zaman Khan 1997 SCMR 1508 ref. JUDGMENT QAZI MUHAMMAD FAROOQ, J.---This petition for leave to appeal is directed against the order dated 26-8-2002 of a learned Judge in Chambers of the Lahore High Curt, Rawalpindi Bench whereby operation of the judgment impugned in Civil Revision No.538/D of 2002 was suspended. 2. The relevant facts are that on the strength of the record of…

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