Law: Law Reforms Ordinance, 1972

Section: 3

Law: Code of Civil Procedure (Amendment) Ordinance, (X of 1980)

Section: 15

Law: Constitution of Pakistan 1973

Section:

  Law Reforms Ordinance (xII of 1972)--- S. 3(2) --- Intra-Court appeal against interlocutory order --- Provision of S.3(2) of the Ordinance bars an appeal against interlocutory order which does not dispose of the entire case before the Court --- Where Constitutional petition as also the civil miscellaneous application filed by the applicant were still pending before the Single Judge of the High Court, Intra-Court Appeal was squarely hit by mischief of S.3(2) of the Ordinance. Code of Civil Procedure (Amendment) Ordinance (X of 1980)--- ---- S.15 --- Appeal to High Court against interlocutory order of a Single Judge of the High Court passed in exercise of the original civil jurisdiction of the High Court is competent. Although it is correct that by virtue of 'section 15, Code of Civil Procedure (Amendment) Ordinance, 1980, an appeal has been provided against an interlocutory order made by a Single Judge of the High Court but it is subject to the condition that the interlocutory order should have been made in the exercise of the original civil jurisdiction of the High Court. Subedar Muhammad Hussain v. Mst. Shah Begum and others 1990 MLD 2100 distinguished. Constitution of Pakistan (1973)--- ---- Art.199--- Code of Civil Procedure (Amendment) Ordinance (X of 1980),S.15 ---Jurisdiction which is exercised by the High Court under Art. 199 of the Constitution of Pakistan being not its original civil jurisdiction .but could more appropriated be called its Constitutional jurisdiction, appeal against the order of High Court passed in its Constitutional jurisdiction was not competent to the High Court under S. 15 of Code of Civil Procedure (Amendment) Ordinance, 1980. Subedar Muhammad Hussain v. Mst. Shah Begum and others 1990 MLD 2100 distinguished.   Ahmed Khan v. Chief Justice and Judges of the High Court of West Pakistan through the Registrar, High Court of West Pakistan, Lahore PLD 1908 SC 171 and Eastern Company (Pvt.) Ltd., Lahore and 2 others v. Mst. Gul Begurn and 7 others PLD 1980 Lah. 69 ref. High Court-- ---- Original civil jurisdiction --- Concept of High Court's original civil jurisdiction elaborated. Ahmed Khan v. Chief Justice and…