Case Details

Citation(s)
1993 SLG 2060 1993 SLD 2060 = 1993 PLD 12
Supreme Court of Pakistan



Law:

Section:

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)---

----S. 42(12)---Petition for leave to appeal against an interlocutory order was not barred on the ground that order was not final---Word "order" used in S.42(12) was not qualified by the word "final".

Generaly the superior Courts are slow to grant petition for leave to appeal against an interlocutory order yet there is no bar to a low the petition for leave to appeal on the ground that an order is not `final' and, thus, an appeal was not competent against the same. Subsection (12) of section 42 of the Azad Jammu and Kashmir Interim Constitution Act, 1974 does not envisage that an appeal was competent only against a final order. The word order in the aforesaid provision was not qualified by the word final and, thus, in proper cases even an interlocutory order can be cha lenged through an appeal to Supreme Court.

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