Law: Civil Procedure Code (V of 1908)

Section: 104,115,1,2,4

Law: Constitution of Pakistan, 1973

Section: 199

Civil Procedure Code (V of 1908)--- ----Ss. 104, 115, O.XXXVII, R.1, 2, 4 & O. XLII, R.1---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Alternate remedy---Office objection---Petitioner / defendant was aggrieved of order passed by Trial Court setting aside ex-parte decree on the condition of submitting bank guarantee and surety bond---Petitioner / defendant assailed order of Trial Court in Constitutional petition but High Court office raised objection against maintainability of petition to avail alternate remedy---Validity---Order in question was not made appealable either under S. 104, C.P.C. nor the order amounted to a case decided to be revisable---Provision of S.115, C.P.C. provided that where appeal was not maintainable, revision would lie against decision of the case---For revision to be maintainable, finality was to be attached to the order assailed and the same was missing---Neither appeal nor revision was maintainable against interlocutory order requiring petitioner / defendant to deposit bank guarantee and surety bond for suspension of ex parte decree---Constitutional petition could be filed due to non-availability of equally efficacious alternate remedy and objection raised to avail appropriate remedy was misconceived---Office objection was over ruled, in circumstances. Muhammad Khalil Ahmad v. Shabbir Ahmad 2013 CLC 1121 ref. Abdul Razzak and others v. Muhammad Ajmal Khan PLD 2008 Lah. 491; Nestle Milkpak Limited v. Classic Needs Pakistan (Pvt.) Ltd. and 3 others 2006 SCMR 21 and Mian Muhammad Luqman and 5 others v. Farida Khanum and another 1994 SCMR 1991 rel. ORDER Objection Case MUZAMIL AKHTAR SHABIR, J.----This order shall decide the office objection available at serial No. 43 of objection sheet which is in following terms: "Please avail proper remedy." 2. Petitioner has filed this petition in nature of writ petition to call in question order dated 14.07.2022 passed by learned Addl. District Judge, Lahore dated 16.11.2021 whereby while suspending the operation of ex parte judgment and decree passed by him against the petitioner in a suit for recovery of Rs.1,651,000/- in favour of the respondent No. 3 the…

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