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[Lahore]
Before Gul Muhammad Khan and Abaid Ullah Khan, J
SHAHBAZ KHAN‑Appellant
versus
ADDITIONAL DISTRICT & SESSIONS JUDGE AND OTHERS Respondent
Inter‑Court Appeal No. 399 of 1980, decided on 1st July, 1980.
‑‑ S. 3 (1) & (2) read with Code of Civil Procedure (Amendment) Ordinance (X of 1980), S. 18‑Interlocutory order passed in writ jurisdiction by Single Judge, held, not appealable ‑Provisions of amending Ordinance refer to S.. 3 (t)‑Bar contained in S. 3 (2) still applicable.‑[Appeal (civil)]
A. Karim Malik for Appellant.
The learned counsel challenges an interlocutory order passed by the learned Single Judge of this Court in Writ Petition No. 5722‑80. The appeal, however, is barred by subsection (3) of section 3 of the La Reforms Ordinance as no such appeal lies against an interlocutory order. The learned counsel has referred to Ordinance X of 1980, the relevant portion of which reads as under :‑
"Notwithstanding anything contained in section 3 of tli Law Re. m= forms Ordinance, 1972 (XII of 1972) an appeal shall lie to the Bench of two or more Judges of a High Court from an inter ‑ , locutory order made by a Single Judge of that Court, in the exercise of its original civil jurisdiction."
This amendment, however, refers only' to the cases 'arise in under section 3 (1). The case in question came up before the learned Single' Judge under section 3 (2) where the bar contained is till applicable. In view of the above this Inter Court Appeal is not maintainable and is dismissed as such.
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