Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 14---Appeal against interlocutory order---Maintainability---Pending suit defence of defendant was struck off and case was adjourned for evidence of plaintiff---Order striking off defence was challenged by defendant by filing appeal which was dismissed by Additional District Judge on ground that appeal against interlocutory order did not lie--Defendant had contended that under S.14 of West Pakistan Family Courts Act, 1964 not only a decree, but also any decision of Family Court was appealable and that even if order was interlocutory in nature, that amounted to decision and could be appealed against---Contention of defendant was repelled because although S.14 of West Pakistan Family Courts Act, 1964 mentioned word "decision" but that had to be read ejusdem generis and must take colour from use of word "decree" ---Only final orders would be covered by word "decision"---Appeal against interlocutory order, thus, was rightly held to be incompetent. S. Azharul Hassan Naqvi v. Mst. Hamida Bibi and 2 others 1979 CLC 754 ref. ORDER The dispute in this petition arises out of a pending suit under the West Pakistan Family Courts Act, 1964 filed by respondent No. l against the petitioner in which his defence was struck off on 30-3-1998 and the case was adjourned for evidence of respondent No. 1. This order was challenged by the petitioner by filing an appeal which was dismissed by the Additional District Judge on 31-7-1998 on the ground that the appeal against the…

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