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Petition for Special leave to Appeal No. 3 of 1968, decided on 26^th June 1968.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dared the 20th December 1967, in Criminal Revision No. 1246 of 1967).

Art. 58(3)---Provision not attracted where special leave to appeal is prayed for merely on ground of propriety of an interlocutory order of a Magistrate.

--Superdari----Dispute regarding motor-car---Better to entrust car to an automobile dealer.

Raja Muhammad Akram, Advocate Supreme Court instructed by Iqbal Ahmad Qureshi. Attorney for Petitioner.

Ifrtikhar-ul-Haq Khan, Advocate Supreme Court instructed by Wajid Hussain, Senior Attorney for Respondent No. 1.

Raja Said Akbar Khan, Advocate-General West Pakistan (Muhammad Ashraf) Advocate Supreme Court with him) instructed by Ijaz Ali, Attorney for Respondent No. 2.

Date of hearing: 26th June 1968.

-The subject-matter is the order of Mr. Fair Khan. Magistrate, Section 30, Lahore, by which he directed that during the trial of the complaint instituted by the petitioner against the respondent under sections 406, 420, 468 and 471. P. P. C. the motor car in-dispute shall remain on superdari with one Abdul Hamid on execution of a proper bond.

Perhaps the more appropriate order should have been to entrust the car to in automobile dealer as was directed by this, Court in a similar case so that the car is properly maintained and not put to use during the pendency of the complaint, but we do not consider that the jurisdiction of this Court under Article 5b is attracted to grant special leave to appeal from the interlocutory order of the trial Magistrate merely on the ground of propriety Fire petitioner may, however, approach the trial Magistrate if so advised for a fresh order of superdari in the nature indicated above.

The petition is dismissed.

Lave refused.

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