Law:

Section:

(a) Provisional Constitution Order (P. O. 1 of 1981)-- -- Art. 9-Constitution of Pakistan (1973), Art. 199--Law Reforms Ordinance (XII of 1972), S. 3(2)-Interpretation of statutes-Necessary intention of Legislature spelt out from law itself-Mistake of draftsman could in circumstances be supplied-No intention as to conferment or non-conferment of right of appeal spelt out from entire text of Provisional Constitution Order, 1981-Jurisdiction exercised by High Courts under Art. 199 of 1973 Constitution articulated in such Order in somewhat abridged and limited form in Art. 9-Art. 199, for practical and legal effect, held, substituted by Art. 9 in Provisional Constitution Order, 1981- Interpretation of statutes]. Muhammad Amir Khan v. Controller of Estate Duty P L D 1962 S C 335; Muhammad Amir Khan v. Controller of Estate Duty P L D 1961 S C 119 and Muhammad Ismail v. State P L D 1969 S C 241 distinguished. (b) Provisional Constitution Order (P. O. 1 of 1981)- - Art. 9 read with Constitution of Pakistan (1973), Art. 199-Words and phrases-Word "abeyance"-Means state of suspension or dormant condition-Articles of 1973 Constitution not incorporated in Pro­visional Constitution Order, 1981, held, do not form part of law in force as long as Provisional Constitution Order holds field.-Words and prases ]. (c) Provisional Constitution Order (P. O. 1 of 1981)- -- Art. 9 read with Constitution of Pakistan (1973), Art. 199; Law Reforms Ordinance (XII of 1972), S. 3 and General Clauses Act (X of 1897), S. 8(1)-Interpretation of statutes-Right to appeal-Art. 9 of Provisional Constitution Order, 1981 admittedly being substitute of Art. 199 of 1973 Constitution and provisions of Art. 199 being re­enacted with modification in Art. 9 of Order, principle of construction laid down in S. F(1), General Clauses Act, 1897, attracted, viz. reference in any other enactment to provisions so repealed. (unless a different intention appears) to be construed as reference to provisions so re-enacted and on such principle no need arose to amend S. 3 of Law Reforms Ordinance, 1972-Legislature .if really intended to take away right of appeal it could have easily stated so in Art. 9 itself as it did…

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