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(i) AJ&K Family Courts Act, 1993 (XI of 1993)-- ----S. 14--Appeal against an interlocutory order--Maintainability--Held: Under S. 14 of AJ&K Family Courts Act, 1993 any party aggrieved by the decision or a decree of Family Court can challenge it in appeal before Shariat Court but as no provision is enacted to challenge the interlocutory matters in appeal or revision, so order restoring execution petition dismissed in default by Family Court which was an interlocutory order so it was not appealable--Appeal dismissed. [Pp. 3 & 4] A & B (ii) AJ&K Family Courts Procedure Rules, 1998-- ----Rr. 1(e) & 12(2)--Restoration of execution petition dismissed in default--Validity--Held: No doubt Family Court is specifically empowered to restore a suit only but u/R. 1(e) the word `suit' includes an application for the custody of children or guardianship--As there is no bar on the Family Court to restore an application dismissed for want of prosecution and also as a miscellaneous application can be restored under C.P.C., so the word `suit' appearing u/R. 12(2) of Family Courts Rules, also includes an application--Restoration order maintained--Appeal dismissed. [Pp. 5, 6 & 7] C, D & E 2005 SCR 409; 2006 SCR 104; 2003 SCR 536; 1996 SCR 82; 2005 SCR 37 & PLD 1987 Lah. 119, ref. Order This appeal has been preferred against an order of Judge Family Court, Muzaffarabad dated 16th of October, 2006 whereby, execution proceedings dismissed in default were restored. The brief facts forming the background of instant appeal are that the respondents filed two separate applications for the execution of decree dated 3-8-2006 which were pending disposal. Both the applications were dismissed for want of prosecution vide its decision dated 16-10-2006. Feeling aggrieved the respondents filed two separate applications for setting aside the aforementioned orders and contended that due to the heavy rains and land sliding the road was closed, therefore, she could not approach the trial Court on the date of hearing. She further averred that the learned counsel for the respondents was ill, therefore, she could not also appear before the Court below. Furthermore, she…

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