Saturday, September 15, 2012
The law on intra-court appeal from interlocutory order
Law Reforms Ordinance 1972
3. Appeal to High Courts in certain cases (1) An appeal shall lie to a Bench of two or more Judges of a High Court from a decree passed or final order made by a Single Judge of that Court in the exercise of its original civil jurisdiction.
(2) An appeal shall also lie to a Bench of two or more Judges of a High Court from an order made by a Single of that Court under clause (1) of Article 199 of the Constitution of Islamic Republic of Pakistan not being an order made under sub-paragraph (i) of paragraph (b) of that clause:
Provided that the appeal referred to in this subsection shall notn be available or competent if the application brought before the High Court under Article 199 arises out of any proceedings in which the law applicable for at least one revision or one review to any Court, Tribunal or authority against the original order.
(3) No appeal shall lie under sub-section(1) or subsection(2) from an interlocutory order or an order which does not dispose of the entire case before the Court.
(4) Nothing contained in this Ordinance, shall be construed as affecting:-
(a) any appeal under the provisions of the Letters Patent applicable to a High Court or under section 102 of the Code of Civil Procedure (v of 1908) which was pending immediately before the commencement of this Ordinance; or
(b) any appeal or petition for leave to appeal from a decree, judgment or order of a Single Judge of a High Court made to the Supreme Court before the commencement of the Law Reforms (Amendment) Ordinance, 1972.
Ordinance X of 1980 Code of Civil Procedure (Amendment ) Ordinance, 1980
15. Appeal to High Court in certain cases. Notwithstanding anything contained in section 3 of the Law Reforms Ordinance, 1972 (XII of 1972) an appeal shall lie to a Bench of two or more Judges of a High Court from an interlocutory order made by a Single Judge of that Court in the exercise of its original civil jurisdiction.