Law:

Section:

Family Courts Act (XXXV of 1964)--- ----S.14---Suit for recovery of maintenance allowance---Ex parte decree---Appeal---Scope---Application to set aside instead of preferring appeal---Effect---Invoking constitutional jurisdiction against interim order---Maintainability---Petitioner(defendant) contended that his application to set aside the ex parte and decree should have been accepted---Validity---Record revealed that the petitioner maintained in his application to set aside ex parte and decree that he had paid Rs.70,000/-, which fact denoted that the petitioner had accepted the validity of the and decree being satisfied---Petitioner had submitted application for setting aside ex parte and decree and record manifested that he had actively participated in the proceedings in question---Petitioner in his constitutional petition had challenged the order passed by Executing Court which was an interlocutory/interim order---When the Legislature had specifically prohibited the filing of appeal or revision against an interim order and if the constitutional petition was allowed to be filed against said order, that would tantamount to defeating the intent of the legislature---Petitioner had adequate remedy available to him by challenging impugned order in appeal which, he might file against the ultimate order/ if the same would be against him---No illegality or irregularity having been noticed in the impugned order passed by the Family/Executing Court---Constitutional petition was dismissed accordingly. Aman Ullah Khan v. District Judge and 3 others 2012 CLC 679; Syed Saghir Ahmad Naqvi v. Province of Sindh through Chief Secretary S&GAD, Karachi and others 1996 SCMR 1165 and Muhammad Sabir v. Mst. Azra Bibi and 2 others 2011 CLC 417 ref. THIS ORDER PASSED BY: JAWAD HASSAN, JUSTICE:---.--- Through this constitutional petition, the Petitioner has called in question order dated 02.11.2017 passed by the learned Judge Family Court, Lahore whereby his application for setting aside ex parte judgment and decree was dismissed being, barred by time. 2. Arguments heard and record perused. 3. It is reflected from perusal of record that an ex parte judgment and decree dated…

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