Law: Law Reforms Ordinance, 1972

Section: 3

Law: Civil Procedure Code (V of 1908)

Section: 1,2,151

Law Reforms Ordinance (XII of 1972)--- ----S.3---Civil Procedure Code (V of 1908), O.XXXIX Rr.1 2, S.151--Intra-court appeal---Maintainability---Bar to availability of intra-court appeal against interlocutory orders---Concept and nature of interlocutory order---Scope---High Court in Constitutional petition restrained respondents under O.XXXIX, Rr. 1 2, C.P.C. and thereafter, upon application of respondents, clarified its restraining order impugned such order clarifying High Courts restraining order, and contended that such order whereby clarification was issued, was amenable to intra-court appeal as same was not interlocutory but final order ---Validity--- Where an order did not decide matter finally and proceedings remained to be tried and rights of parties were yet to be finally determined, then such order could not be termed as final order but would be interlocutory in nature against which appeal under S.3(3) of Law Reforms Ordinance, 1972 would not be competent---Impugned order was one which disposed of an application for clarification of earlier order of High Court and said order itself stated that the matter was yet to be decided, which meant that such order was clearly interlocutory---- Intra-court appeal, being not maintainable, was dismissed, in circumstances. Noor Muhammad Lambardar v. Member (Revenue) and others 2003 SCMR 708; National University of Sciences and others v. Dayyan Atta Tareen 2011 YLR 1070 and Messrs Qadoos Brothers v. Judge Banking Court and others 2018 CLD 88 rel. ORDER This Intra Court Appeal has been directed against order dated 31.12.2020 passed by learned Single Bench of this Court whereby application for clarification (C.M.No.4/2020) filed by respondents No.2 to 6 was disposed of. 2. Relevant facts are that appellant filed Writ Petition No.66332/2020, in which interim stay was granted on 16.12.2020. However, on application (C.M No.4/2020), for clarification of order dated 16.12.2020 filed by respondents Nos.2 to 6, the stay order was modified to the effect that respondents were allowed to complete the tender process, however, subject to final outcome of writ petition. The appellant being aggrieved has filed this appeal. 3.…

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