Law: Constitution of Pakistan, 1973

Section: 185(2)(d)(e),(3)

(a) Constitution of Pakistan (1973)---Art. 185(2)(d)(e) & (3)---Appeal to Supreme Court---Maintainability---No value could be given to the subject-matter of the appeals involving labour disputes, service cases, cases arising from the rent jurisdiction or family disputes where the main prayer was of restoration in service, eviction of the tenant on various grounds or dissolution of marriage/custody of minors respectively, although it may be that granting or refusing of the main prayer may result in some monetary benefit to any party to the dispute before the court of first instance and in an appeal---No direct appeal as of right could be filed in said matters as the first pre-condition could not be quantified---Appeal would be to the Supreme Court as of right if the matter was covered under Art.185(2)(d) & (e) of the Constitution and if the matter was not so covered then leave to appeal had to be sought from Supreme Court in terms of Art.185(3) of the Constitution---Principles. An appeal would lie to Supreme Court as of right if matters are covered under Article 185(2) (d) & (e) of the Constitution for which the limitation is 30 days. Obviously if they are not so covered then leave to appeal has to be sought from Supreme Court in terms of Article 185(3) for which limitation is 60 days per the rules. Upon reading Article 185(2)(d) & (e) of the Constitution it would be seen that essentially Sub-Article (2)(d) contemplates a monetary claim being the subject-matter of the dispute between the parties in the Court of first instance which should at least be in the sum of Rs.50,000 whereas Sub-Article (2)(e) contemplates disputes in respect of property of the same value. Of course in both cases, the further requirement is that the High Court must have set aside or varied the etc. of the Court immediately below. It would further be seen that such provisions have been borrowed from sections 109 and 110 of the Civil Procedure Code, which previously, regulated appeals to Supreme Court from the s and decrees of the High Court. Obviously since the Civil Procedure Code essentially dealt with controversies of a civil nature between the litigants the wording of…

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