Law:

Section:

Azad Jammu and Kashmir Courts and Laws Code, 1949, S. 13, cl. 3-'`Judgment" and "Order"-Either alternative or synony­mous-"Order" refers only to such orders as determine a right or liability-Order refusing to allow further opportunity to summon witnesses not such an order and not appealable. Only those orders passed by a Judge in Single Bench are appealable to the High Court under clause 3 which decide any­thing material as to any issue though they may be in the nature of interlocutory orders and orders which merely endeavour to co11ect material necessary for the decision of any issue in the suit tried by a Judge in Single Bench are not appealable. The order refusing to allow further opportunity to examine witnesses in question falls in the last category and consequently is not appealable. JUDGMENT ABDUL MAJID, C. J.-The point arising in this appeal is whether a certain order mace by a learned Judge in Single Bench is or is not appealable within the meaning of section 13, clause 3 of the Azad Jammu and Kashmir Courts and Laws Code of 1949. The facts giving rise to this appeal may be briefly sum­marised here. The appellants brought a suit for a declaration and permanent injunction against the Government of Azad Jammu and Kashmir in respect of a forest contract. As the jurisdictional value of the suit exceeds Rs. 10,000 it was made over to a Single Judge of this Court under section 13, clause 2 of the Azad Jammu and Kashmir Courts sad Laws Code of 1949 for trial. A preliminary objection was taken on behalf of the Government this the suit was not maintainable because a proper police required under section 80 of the Civil Procedure Code was not given before its institution. The learned Judge in Single Bench raised a preliminary issue covering this objection arid directed the appellants to produce any evidence considered necessary for this issue on 4th July 1953. The appellants remained three witnesses on the said date and then requested for further time. The learned Judge in Single Bench refused to give the appellants further opportunity for summoning the witnesses on the ground that they had ample time to summon all the witnesses considered necessary by there for…

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