Case Details

Citation(s)
2021 SLG 861 2021 SLD 861 2021 MLD 504

Intra Court Appeal No. 81 in Writ Petition No. 1361 of 2020, decided on 17th November, 2020.
RAJA SHAHID MEHMOOD ABBASI, JUSTICE, SADIQ MAHMUD KHURRAM, JUSTICE
Muhammad Atif Farauq Raja for Appellant.

MUHAMMAD SHER AWAN

VS

GOVERNMENT OF THE PUNJAB THROUGH CHIEF SECRETARY, LAHORE AND 6 OTHERS

Law: Law Reforms Ordinance, 1972

Section: 3(3)

Law Reforms Ordinance (XII of 1972)--- ----S.3(3)---Intra Court Appeal---Maintainability---Interlocutory order---Scope---Finality of order---Determining factors was aggrieved of order passed by Single Judge of High Court recalling its earlier order passed at interim stage---Validity---Test to determine finality of an order was whether or order had finally disposed of rights of parties---Finality was to be a finality in relation to the suit---If after the order, suit was alive in which rights of parties were yet to be determined, no appeal lied against such order---Order which decided an important and even vital issue was by itself not material---If decision on an issue put an end to suit, such order was a final one but if suit was still alive and was to be tried in ordinary way, no finality was attached to such order---Order passed by Single Judge of High Court in Constitutional petition was an interim or interlocutory order which did not have effect of disposing of entire case put up before High Court--- Division Bench of High Court declined to interfere in order passed by Single Judge of High Court as jurisdiction was barred under S.3(3) of Law Reforms Ordinance, 1972---Intra Court Appeal was dismissed, in circumstances. Concise Oxford English Dictionary; Blacks Law Dictionary Fifth Edition; Words and Phrases by Mian Muhibullah Kakakhel; Sultan Singh v. Murli Dhar and others AIR 1924 Lahore 571; V.M. Abdul Rahman and others v. D.K. Cassim and Sons and others (AIR 1933 Privy Council 58; Savitri Devi v. Rajul Devi and others AIR 1961 Allah. 245; Messrs National Security Insurance Co. Ltd. v. Messrs Hoechst Pakistan Ltd. and others PLD 1990 SC 709 and Board of Intermediate and Secondary Education, Lahore through Chairman and another v. Mst. Salma Afroze and 2 others PLD 1992 SC 263 ref. ORDER This Intra Court Appeal has been filed against the order dated 02.11.2020 passed by the learned Single Judge in Chambers in the Writ Petition No.1361 of 2020, whereby the learned Single Judge in Chamber , while adjourning the hearing of the main case, recalled the order dated 02.07.2020 passed in C.M.No.02 of 2020, whereby it was directed that the impugned scheme shall not…
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