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MUHAMMAD AKBAR versus PROVINCE OF THE PUNJAB


Article 85 (3) of the Arbitration Act (X of 1940), section 14 requires the remand of the High Court order remand only to appeal the remand order which was a fair order requiring strict intervention. Is. No interim order passed by the Supreme Court Was not contacted and did not provide any guidance in this regard. Thus be rejected educational interest

1985 S C M R 116

Present: Aslam Riaz Hussain, Nasim Hasan Shah and M.S.H. Quraishi, JJ

MUHAMMAD AKBAR--Petitioner

versus

THE PROVINCE OF THE PUNJAB through Divisional Forest Officer, Gujranwala--Respondent

Civil Petition No.107 of 1977, decided on 5th June, 1984.

(On appeal from the judgment, dated 12th November, 1976 of the Lahore High Court in F.A.O.No.138/76)

Constitution of Pakistan (1973)--

---Art.l85 (3)--Arbitration Act (X of 1940), S.14--Remand order by High Court--Order of High Court impugned in petition for leave to appeal only a remand order which appeared to be a fair order hardly requiring any interference--No interim order granted by Supreme Court to stay operation of such remand order and Advocate-on-Record of petitioner not aware as to what was outcome of remand order of High Court--Petitioner having not contacted Advocate-on-Record for last several years and not given any instructions in that behalf--Petition appearing only to be of academic interest thus dismissed.

A. Karim, Advocate-on-Record for Petitioner.

Nemo for Respondent.

Date of hearing: 5th June, 1984.

ORDER

NASIM HASAN SHAH, J.--

This petition is directed against the judgment dated 12-11-1976 passed- by a learned Single Judge of the Lahore High Court whereby he accepted the appeal of the respondent herein and remanded the case to the Court below to decide the application submitted before it under section 14 of the Arbitration Act after giving the said respondent (who was the appellant before him) an opportunity to produce evidence, if any, in support of its objections and also a similar opportunity o: rebuttal to the petitioner herein (who was the respondent before him).

The order of the High Court impugned by this petition is only an order of remand, which appears to be a fair order, and hardly requires any interference. Moreover, it is to be observed that no interim order was granted by this Court to stay the operation of the above order of remand and the learned Advocate-on-Record is not aware as to what the outcome of the order of the High Court has been because the petitioner has not contacted him during the last several years and not given any instructions to him, in this behalf. This petition now, therefore, appears only to be of academic interest.

This is not a fit case for interference

M . Z . M . Petition dismissed

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