Law:

Section:

Law Reforms Ordinance (XII of 1972)-------S. 3(2)---Civil Procedure Code (V of 1908), S.12 (2) read with O.IX, R.13---Ex parte passed in constitutional petition---Miscellaneous application purportedly filed under S.12(2) C.P.C. read with O.XLI, R.21. C.P.C. for setting aside ex parte was dismissed for the reason that since intro-court appeal was filed against and same having been dismissed, application under S.12(2) C.P.C. could be competently filed only before said appellate forum---Intra-court appeal---Competency---Record showed that infra-court appeal. was dismissed on a short ground that appellants had no locus standi to file the same whereas merits of impugned were not referred to at all---Doctrine of merger, in circumstances, would not be applicable and an application under S.12(2), C.P.C. was competent before the original Court---Civil miscellaneous, to all intents and. purposes, being an application for setting aside an ex parte prayer for a rehearing on the grounds stated therein within the meaning of O.IX, R.13, C. P. C. was applicable to constitutional proceedings and said application was accordingly to be treated as such---Contention that order having been passed in a miscellaneous application, could not be said to have been passed in exercise of original jurisdiction and as such intra-­court appeal was not competent, vas 'repelled as the impugned order had been passed by the Single Judge in exercise of the .jurisdiction vesting under Art.199 of the Constitution---Such was also not an interim order. as the said application for grant of said substantive prayer stood decided finally---hits-court appeal was therefore competent. Maqsood Ahmed Siddiqui v. Nisar Ahmed and others 2003 SCMR 1522 and Amin-ud-Din Khan v. Water and Power Development Authority and others 2004 CLC 382 distinguished. Muhammad Asif Bhltti for Appellants. A.R. Shaukat for Respondents. Date of hearing: 5th September, 2007. JUDGMENT MAULVI ANWARUL HAQ, J.--- This hits-Court appeal proceeds against order dated 14-11-2005 passed by a learned Single Judge, in Chambers, of this Court, whereby C.M.No.2297 of 2004 filed by the appellants for sating aside of judgment dated 9-7-2002 passed…

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