Law: Constitution of Pakistan, 1973

Section: 185(3)

West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)--S.2-A (as inserted by West Pakistan Muslim Personal Law (Shariat) Act (Amendment), Ordinance, (XIII of 1983)]--Constitution of Pakistan (1973), Art. 185(3)--Contention that High Court was not justified in declaring that the decree by First Appellate Court had become void on account of addition of S.2-A in the Act, 1962 and such question should have been left for the executing Court to decide--Held, High Court was perfectly justified in recording the effect of a law, which was enacted during the pendency of appeal before it--Leave to appeal against order of the High Court was refused. Ch. Khan Muhammad Bajwa, Advocate Supreme Court and S. Abid Nawaz. Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 13th September, 1988. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sough by the plaintiff in a suit for declaration against the order by the High Court. Civil Miscellaneous Application No.2852/C/1984 in regular Second Appeal No.265 of 1979, filed by respondents side which had earlier been disposed of with the following operative order- "It was by the said Ordinance XIII of 1983 , West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance, 1983 that section 2-A was inserted m the West Pakistan Muslim Personal Law (Shariat) Act, 1962. By operation of clause (b) of section 2-A the judgment and decree impugned herein have become void, in executable and of no legal effect, and under clause (c) thereof the appeal before me has abated. These facts are hereby recorded." The order passed by the High Court on the Civil Miscellaneous Application is reproduced below-­ "Before passing…

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