Law:

Section:

(a) Law Reforms Ordinance (XII of 1972)--S.3---Constitution of Pakistan (1973), Art.185(3)---Intra Court Appeal---Maintainability---Interim order---Petitioner assailed before High Court in constitutional jurisdiction, leasing of amenity plot by the authorities to a private company for construction of a huge complex including cinema and shopping mall---High Court admitted the petition for regular hearing and in the meanwhile restrained the authorities and the company from raising any construction for six weeks---Authorities and the company filed Intra Court Appeal against the order of High Court, seeking suspension of the order---Contention of petitioner was that no Intra Court Appeal was competent against interim order and the order passed by Division Bench of High Court was an order without jurisdiction---Respondents contended that the order of High Court had trappings of a final order and Intra Court Appeal was thus maintainable against the same---High Court had mentioned in its order in question that whatever had been mentioned in the order was only tentative in nature and that complicated questions of law arose in the matter which required to be settled---Leave to appeal was granted by Supreme Court to consider; whether in the circumstances, an Intra Court Appeal was or was not competent. (b) Civil Procedure Code (V of 1908)--- ----0. XXXIX, Rr. 1 & 2---Constitution of Pakistan (1973), Art. 185(3)---Interim injunction---High Court granted interim injunction without giving any finding regarding existence of preconditions necessary for an interim injunction---Leave to appeal was granted by Supreme Court to consider; whether in absence of finding regarding existence of a prima facie case or about balance of convenience or accrual of irreparable loss of public money, the interim injunction could be re-called/suspended. (c) Disposal of Land by Development Authorities (Regulation) Act (XII of 1998)--- ----S. 5---Lahore Development Authority Act (XXX of 1975), Ss.6(3)(iv) & 47---Constitution of Pakistan (1973), Art.185 (3)---Interim injunction, grant of---Allotment of amenity plot---Non-availability of original plan of the concerned housing scheme---Leave…

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