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Intra‑Court Appeal No. 99 of 1981, decided on 24th October, 1982.
‑‑ S. 3 (2)‑Intra‑Court appeal, competency of‑‑Application brought before High Court under Art. 199 of .Constitution of Pakistan (1973) arising out of proceeding in which at least one appeal; revision or one review provided ‑Intra‑Court Appeal against such application, held, not competent‑Constitution of Pakistan (1973), Art. 199.
Shahid Hussain Kadri for Appellants
.
Syed Jamshed Ali for Respondents Nos. 2 to 4.
Date of hearing : 24th October, 1982:
.‑Learned counsel for the respondents has token a preliminary objection that the I. C. A. does not lie. He has taken us through Proviso to subsection (2) of section 3 of the Law Reforms Ordinance, 1972, wherein it is provided that appeal shall not be available or competent if the application brought b.‑fore the High Court under Article 199 arises out of any proceedings in which the law applicable pro vided for at least one appeal or one revision or one review to any Court, Tribunal or authority against the original order.
2. Without any dispute, a right of appeal, revision or review was available in this case and the matter was decided in revision firstly by the' Additional Commissioner (Revenue) and then by the learned Member, Board's of Revenue. Learned counsel for the appellants has not been able to controvert this objection.
As the I. C. A. is not competent, the same stands dismissed.
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