| Citation(s) |
|---|
| 1996 SLG 264 1996 SLD 264 1996 SCMR 1209 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.380-L of 1995, decision dated: 10-12-1995. On appeal from the order of Lahore High Court, Multan Bench, Multan, dated 19-3-1995, passed in Intra-Court Appeal No. 19 of 1995
FAZAL KARIM AND MUHAMMAD MUNIR KHAN, JJ
Bashir A. Mujahid, Advocate instructed by Walayat Umar Chaudhry, Advocate-on-Record for Petitioner. Nemo for
Respondents
Civil Petition for Leave to Appeal No.380-L of 1995, decision dated: 10-12-1995. On appeal from the order of Lahore High Court, Multan Bench, Multan, dated 19-3-1995, passed in Intra-Court Appeal No. 19 of 1995
FAZAL KARIM AND MUHAMMAD MUNIR KHAN, JJ
Bashir A. Mujahid, Advocate instructed by Walayat Umar Chaudhry, Advocate-on-Record for Petitioner. Nemo for
Respondents
GHAFFAR HUSSAIN
VS
THE DISTRICT MAGISTRATE, SAHIWAL and 2 others
Law:
Section:
Law Reforms Ordinance (XII of 1972)-------S. 3(1) [as amended by Law Reforms Act (VIII of 1972)]---Constitution of Pakistan (1973), Art. 185(3)---Intra-Court Appeal against interim order passed by Judge in Chamber---Maintainability---Interim order passed by Single Judge directing petitioner to implead respondent (intervenor) in his Constitutional petition---Petitioner's appeal before Division Bench against such interim order was dismissed on ground of non-maintainability---Validity---Division Bench of High Court was fully justified in holding that Intra-Court Appeal of petitioner was not maintainable in terms of S: 3(1), Law Reforms Ordinance, 1972--Single Judge had simply allowed application of intervenor for impleading him as party in Constitutional petition, while main Constitutional petition was still pending---Supreme Court ordinarily does not interfere in interim orders unless exceptional ground exists necessitating interference in the interest of justice which -was non-existent in petition for leave to appeal---Leave to appeal was refused in circumstances. ORDER MUHAMMAD MUNIR KHAN, J.---This petition for leave to appeal No.380-L of 1995 arises from the facts that Ghaffar Hussain petitioner with the prior permission of District Magistrate, Sahiwal, respondent No.1, established Halting Station and Parking Place in his premises in front of Al-Fateh Travel Service, Multan Road, Sahiwal. The permission was. subsequently withdrawn by respondent No.1 on 22-11-1993. The petitioner filed Writ Petition in Lahore High Court, Multan Bench, Multan, questioning the legality of the order dated 22-11-1993 of the District Magistrate, against respondent No. l and Secretary, Road Transport, Multan Division, Multan respondent No.2, which is still pending. 2. On 28-5-.1994, Ch. Sultan Mahmood, respondent No.3 filed an application under Order I, Rule 10, C.P.C. for impleading him as a party in the Writ Petition on the ground that he was facing great financial loss in his business and hardship in the running of his…
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