Law:

Section:

Law Reforms Ordinance (XII of 1977Z)--- S. 3(2), proviso [as amended by Law Reforms (Amendment) Ordinance (XXXIV of 1972) and Law Reforms (Amendment) Act (VIII of 1972)]-Constitution of Pakistan (1973), Art. 199-Order passed by a Single Judge of High Court under Art. 199, Constitution of Pakistan (1973) - Expression "Original Order" occurring in S. 3(2), proviso, means order with which proceedings under relevant statute commenced-Relevant law providing for an appeal against original order, intra-Court appeal, held, was not competent in such case.-[Words and phrases]. Mst. Karim Bibi v. Hussain Bakhsh and others P L D 1984 S C 344 ref. Zafar Pasha Chaudhry, Advocate Supreme Court for Appellant. Muhammad Bakhsh, Advocate Supreme Courtand Rana M. A. Kadri, Advocate-on-Record for Respondent. Date of hearing : 16th October, 1984. JUDGMENT ASLAM RIAZ HUSSAIN, J.-This appeal, by leave of this Court is directed against the judgment of a Division Bench passed by the Lahore High Court, dated 25-3-1976, whereby Letters Patent Appeal of the Appellant was dismissed. The said appeal was dismissed on the ground that it was not competent as it was hit by a proviso to section 3 of the Law Reforms Ordinance, 1972, subsection (2) of section 3 whereof is in the following terms : "(2) An appeal shall also lie to a Bench of two Judges of a High Court from an order made by a Single Judge of that Court under clause (1) of Article 199 of the Constitution of the Islamic Republic of Pakistan not being an order made under subparagraph (1) of paragraph (b) of that clause Provided that the appeal referred to in' this subsection shall not be available or competent if the application brought before the High Court under Article 199 arises out of any proceedings in which the law applicable provided for at least one appeal or one revision or one review to any Court, Tribunal or authority against the original order." 2. In this case, an order was passed by the Deputy Settlement Commissioner on 21-9-1970, in favour of the appellant whereby the plot in question which is alleged by the other side to be a part of the main house, was auctioned in his favour. That order was subjected to a revision…

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