Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched & S.14---Constitution of Pakistan, Art.199---Constitutional petition--- Appeal against interlocutory order---Maintainability---Pending suit, right of defendant to produce documentary evidence was struck off---Defendant preferred appeal against the order of Family Court---Appellate Court accepted the appeal of defendant---Contention of the petitioner was that the order of the Family Court was interlocutory one, therefore, no appeal was competent against the same---Validity---Order of Family Court was interlocutory order whereby the right to produce documentary evidence was closed---No appeal or revision shall lie against an interim order passed by Family Court as appeal against interlocutory order of Family Court was specifically barred under S.14(3) of the West Pakistan Family Courts Act, 1964---Order passed by Appellate Court was set aside---Constitutional petition was allowed. Muhammad Akram v. Mst. Raheela Aslam and 2 others PLD 1999 Lah. 33; Nawab Khan and another v. Waris Iqbal and 5 others PLD 1976 SC 394 and Messrs Capital Farms, Islamabad v. National Development Finance Corporation PLD 1996 Lah. 99 ref. (b) Administration of justice--- ----Courts have primary duty to decide lis in accordance with law. (c) Administration of justice--- ----Courts were not relieved of its duty on account of an act or omission of a litigant or a lawyer. (d) Jurisdiction--- ----Jurisdiction of Tribunal or a Court was always conferred by law and not by consent of the parties, express or implied---Consent of the parties could neither confer nor take away jurisdiction. JUDGMENT SYED IFTIKHAR HUSSAIN SHAH, J.--- Through this constitutional petition, the petitioner has assailed the legality of order dated 20-7-2012 passed by the learned Additional District Judge, D.G. Khan whereby appeal preferred by respondent No.3 against order dated 21-4-2012 passed by the learned Judge Family Court D.G. Khan was accepted. 2. Succinctly, the facts of the case are that respondent No.3 Mst. Rubina instituted a suit for the recovery of maintenance for herself and for her minor son namely Hassan Hameed and for the recovery…

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