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Civil Miscellaneous Petition No. 386 of 1982, decided on 19th June, 1982.
‑‑‑‑ Art. 185(3)‑Stay order earlier granted not extended in leave order through inadvertence‑Omission supplied by Supreme Court in interests of justice and stay order earlier granted extended till decision of appeal.
Ch. Mushtaq Masood; Advocate Supreme Court, instructed by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Applicants/Respondents.
M. M. Saeed Baig, Advocate Supreme Court, instructed by Ijaz Ali Sheikh, Advocate‑on‑Record for Defendant/Appellant.
Date of hearing : 19th June, 1982.
‑The controversy raised in this applica tion, in a service appeal, is about the operation of a stay order against the applicant (respondent in appeal), prior to the acceptance of the leave petition. It was through an inadvertence that in the leave order, the stay order earlier granted was not extended.
2. The applicant tried to make use of the omission before the depart mental authorities ; but without any success. He has, therefore, sought clarification. The learned counsel for the appellant has, on the other hand, requested that the omission may be rectified.
3. Learned counsel for the applicant has, as put by him candidly' accepted that it was an inadvertent omission. That being so we now in the interest of justice supply the same. The stay order granted on 1‑11‑1981 shall continue in force till the decision of the appeal.
4. The request of the learned counsel for the applicant for early hearing of the appeal, in the circumstances thereof, is refused.
Stay order extended.
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