Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Art. 199---Interlocutory order---Constitutional petition ---Maintainability--­Essentials---Constitutional petition, generally, was not entertainable against an interlocutory order where wrong done, could be undone in an appeal or revision against the final or decree---Where, however, wrong done was of such a character as could not be remedied in proceedings arising out of the same suit but would necessitate institution of a fresh suit if impugned order was struck down, then Constitutional petition could be entertained---Where impugned interlocutory order was found to be arbitrary, illegal or in excess of jurisdiction, such order ought to be eliminated at the earliest to avoid ordeal of another round of litigation---Any order when found to be arbitrary or violative of limitations imposed by law or was contrary to precedents of superior Court, it had to be struck down on being in excess of jurisdiction, without lawful authority and of no legal effect. [pp.17,181 A & B Municipal Committee, Chakwal v. Ch. Fateh Khan and others PLD 1959 (W.P.) Lah. 535; Bahadur Khan v. Sultan PLD 1967 Lah. 531; Ilam-ud-Din and Sons v. Asghar Ali and another 1970 SCMR 233; Shahzad Ice Factory and 2 others v. Special Judge Banking, Lahore and others PLD 1982 Lah, 92; Muhammad Farooq and others v. District Judge, Mardan and others 1992 CLC 379; Ghulam Hussain and another v. Malik Shahbaz Khan and another 1985 SCMR 1925; Javed Iqbal and another v. District Judge and 2 others PLD 1987 Lah. 9 and Muhammad Siddiq Qazi v. Muhammad Abrahim Khokhar and another 1987 MLD 265 ref. S. Zafar Ahmad v. Abdul Khaliq PLD 1964 Kar.149 rel. (b) Jurisdiction--- ---- Administration of justice---Jurisdiction implies power of administering justice according to the means provided by law and subject to the limitations imposed by law---Where an order was arbitrary or violative of limitations imposed by law or was contrary to precedents of superior Courts, then such order has to be struck down as being in excess of jurisdiction or without lawful authority and of no legal effect. (c) Civil Procedure Code (V of 1908)--- ----O.XXIII, R. 1---Withdrawal of suit with…

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