Law:

Section:

Law Reforms Ordinance (XII of 1972)-------S. 3---Constitution of Pakistan (1973), Arts. 185(3) &c 199---Intra-Court Appeal---Maintainability---Constitutional petitions filed by petitioners were-dismissed by High Court and such order of High Court was assailed before Supreme Court---Contention of petitioners was that in view of S.3(2) of Law Reforms Ordinance, 1972, Intra Court appeal was competent which remedy had not been availed by them---Petitioners further contended that High Court decided constitutional petitions in exercise of original jurisdiction as such the should have been challenged by way of Intra Court Appeal---Effect---Provisions of law having not been complied with, therefore, petitions for leave to appeal were not competently filed---Supreme Court, in view of the request of petitioners, allowed them to file Intra Court Appeal---Supreme Court advised High court to consider question of condonation of delay, in case Intra Court Appeal was filed---Petition was disposed of accordingly. Commissioner of Income Tax and others v. Mts. Media Network and others PLD 2006 SC 787 and Pakistan International Airlines Corporation through Chairman and others v. Samina Masood and others PLD 2005 SC 831 ref. ORDER ABDUL HAMEED DOGAR, C.J.---By this single order we propose to dispose of Civil Petition Nos. 1382-L, 1383-L, 1384-L and 1385-L of 2007 as they arose of common judgment dated 19-6-2007 passed by learned Single Judge of Lahore High Court, Lahore whereby Writ Petition Nos. 19402 and 19643 of 2001, 19411 and 13600 of 2002 filed by respondents were allowed. 2. At the very outset Kh. Saeed uz Zaman, learned counsel for the respondents raised objection as to the maintainability of petitions and urged that in view of section 3(2) of the Law Reforms Ordinance, 1972 (hereinafter referred to as `the Ordinance') Intra Court Appeal was competent which, remedy was not availed by the petitioners. According to him, learned single Judge has decided writ petitions in exercise of its original jurisdiction as such impugned judgment should have been challenged by way of Intra Court Appeal in view of above provisions of law. Since above provisions have not been complied…

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