Law:

Section:

(a) Banking Companies (Recovery of Loans) Ordinance (XIX of 1979)---Ss. 3, 7, 8, 11 & 12 read with Civil Procedure Code (V of 1908), S. 115-Interlocutory orders-Revisional jurisdiction of High Court­ Provisions of Ss. 11 & 12 of Ordinance-Effectively bar appeals etc. against- interlocutory orders of Court of Special Judge constituted under Ordinance-Provisions of Civil Procedure Code, 1908--Continue to apply to such cases only to extent as not ousted by provisions of Ss. 11 & 12-Interlocutory order of Special Judge, even without specific ouster of provision of S. 115, Civil Procedure Code, held, cannot be challenged-Framers of Ordinance, held further, purposely salved interlocutory orders of Special Judge from attack before High Court .in revision or appeal with a view to securing expeditious disposal of cases by a Special Court and desired only final decisions of Special Court to be open to appeal before High Court.-[Appeal (civil)-Revision (civil)]. Azhar Hussain v. Chartered Bank Ltd. 1981 C L C 516 and Wajahat Ali Hasnie v. Mst. Ghazala P L D 1970 Lab. 641 ref. (b) Civil Procedure Code (V of 1908)-- Ss. 3 & l I5 read with Banking Companies (Recovery of Loans) Ordinance (XIX of 1979)-Revisional jurisdiction of High Court­ No amendment having been made in S. 3, Civil Procedure Code, 1908 so as to declare a Special Court also as a Court subordinate to High Court nor any provisions of Ordinance XIX of 1979 providing for Special Court being deemed to be a Court subordinate to High Court for purposes of S. 115, Civil Procedure Code, Special Judge appointed under Ordinance, held, not subordinate to High Court for purposes of S. 115, Civil Procedure Code, 1908.-[Interpretation of statutes-Revision (civil)]. Wajahat All Hasnie v. Mst. Ghazala P L D 1970 Lab. 641 ref. Hidayatullah Khan, Advocate Supreme Court and M. Qasim Imam, Advocate-on-Record (absent) for Petitioner. Nemo for Respondents. Inayat Rahi, Advocate-General (N.-W. F. P.) as Law Officer for the State. Date of hearing : 2nd June, 1981. ORDER NASIM HASAN SHAH, J.-This order will govern Civil Petitions Nos. 55-P/81 to 62-P/81, as the questions arising for decision in all these matters are…

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