SAEEDUDDIN versus NASIRUDDIN

O, XLI, r 5 The appellate court has no money to stop me from proceeding to seek R&P of the case; the court does not waive its jurisdiction to prosecute such account. Is, the modification request directed against the interlocutory order on its face, already dismissed, neglected, disqualified and unmanageable [edit (civil)]

1981 C L C 1070

[Karachi]

Before S. A. Nusrat, J

SAEEDUDDIN‑Applicant

versus

NASIRUDDIN‑Respondent

Revision Application No. 1:64 of 1979, heard on 14th June, 1980.

Civil Procedure Code (V of 1908)----

‑ O, XLI, r. 5‑Stay of proceeding‑Mere calling for R & P of case by Appellate Court‑Does not amount to grant of stay‑‑Court of first instance not divested of its jurisdiction to proceed with case on such account‑Revision application directed against interlocutory order passed in suit already dismissed, held, on face of it, incompetent and not maintainable.‑[Revision (civil)].

Karamali and others v. Raja and others P L D 1949 Lah. 100 and syed Nazir Ahmed v. Syed Muhammad Saeed P L D 1959 ( )'Lah. 34 not relevant.

Syed Ansar Hussain for Applicant.

Zahiruddin Khan for Respondent.

Date of hearing :14th June 1980.

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