Law: Law Reforms Ordinance, 1972

Section: 3

Law: Constitution of Pakistan, 1973

Section: 199

(a) Law Reforms Ordinance (XII of 1972)  S. 3 and Constitution of Pakistan (1973), Art. 199-Intra Court appeal in High Court from judgment of a Single Judge to a Bench of two or more Judges-Section 3 of Ordinance XII of 1972 as amended up to date-Interpretation and scope of-Expression "Original civil jurisdic tion" in S. 3 (1) of Ordinance-Mere fact that matter comes up directly before High Court, not sufficient to bring it within "original civil jurisdiction"-Single Judge exercising jurisdiction while dealing with petition under Art. 199 of Constitution-Does not exercise "original civil jurisdiction" and judgment delivered by him in Constitutional petitions is not open to intra Court appeal before Bench of two or more judges-Proviso to S. 3 (2)-True scope-Expression "arising out of any proceedings" in proviso to S. 3 (2)-Meaning of word "pro ceedings." The Law Reforms Ordinance (XII of 1972) came into force on the 14th of April 1972. Under section 3(a) of the Ordinance it was laid down that as from the commencement of the Ordinance no appeal under the provisions of any Letters Patent, as applicable to a High Court, shall be entertained by such High Court. This had completely done away with the intra Court appeal from the judgment of a Single Judge of the High Court to a Bench consisting of two or more Judges of the same Court under the Letters Patent of the High Court. But then the law in this respect was amended and this section was substituted under the Law Reforms (Amendment) Ordinance XXXIV of 1972 which came into force on the 10th of August 1972. Under the newly substituted section 3(1) of the Ordinance it was laid down that an appeal shall lie to a Bench of two or more Judges of a High Court from a decree passed or final order made by a Single Judge of that Court in the exercise of its original civil jurisdiction. But ;at the same time section 3(2) provided that no appeal shall lie to a Bench of mo or more Judges of a High Court from an order made by a Single Judo of that High Court under Clause (2) of Article 201 of the Interim Constitution of the Islamic Republic of Pakistan in a matter arising…