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Intra-Court Appeal No. 26 of 1983, decided on 21st December, 1985.

---S. 3(2)--Constitution of Pakistan (1973), Art. 199--Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S. 2(2) Intra Court Appeal--Competency of--Original order passed by Settlement Authorities before repeal of Settlement Laws, being appealable/ revisable--Order passed by High Court in exercise of constitutional jurisdiction against subsequent orders of Notified Officer under Repealing Act, 1975 in respect of same property, held, could not be challenged in Intra-Court Appeal as same would be deemed to be original order passed in view of the interpretation of term "original order" by Supreme Court in another case for the purpose of proviso to S. 3(2), Law Reforms Ordinance, 1972.

Mst. Karim Bibi and others v. Hussain Bakhsh and another PLD 1984 SC 344 and Muhammad Abdullah v. Deputy Settlement Commissioner P L D 1985 S C 107 ref.

Shahzad Jehangir for Appellants.

Ch. Aziz Ahmad Bajwa and Muhammad Yousaf Javed for Respondent.

Date of hearing: 2nd December, 1985.

C. A. RAHMAN, J.--When the present appeal came up for hearing before us today, we drew attention of learned counsel for the appellants to the recent decision of the Supreme Court in Mst. Karim Bibi and others v. Hussain Bakhsh and another P L D 1984 S C 344 and Muhammad Abdullah v. Deputy Settlement Commissioner P L D 1985 S C 107 and asked him to satisfy us with regard to the competence of the present Intra-Court appeal.

2. Learned counsel for the appellants submitted that the order impugned before the learned Single Judge in Writ Petition filed by the respondent was passed under Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975, which contained no provision for appeal, revision or review against such order. The bar contained in the proviso to subsection (2) of section 3 of the Law Reforms Ordinance, 1972, was, therefore, not attracted to the present case.

3. There is no doubt that initial order, dated 15-2-1979 and order dated 6-8-1979 passed by the learned Settlement Commissioner whereby Plot No. 11-G, Model Town was proposed to be disposed of as a separate unit on the ground that the same could not have been transferred to the respondent alongwith Plot No.10-G, Model Town by the Deputy Settlement Commissioner on 19-11-1959 and the PTD issued in respect of both the plots was operative to the extent of Plot No. 10-G were made after repeal of the Displaced Persons (Compensation & Rehabilitation) Act, 1958, and that there is no provision of appeal, revision or review in the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975, which holds the field after repeal of the aforementioned Act. But in view of the interpretation of the term "original order" made in Mst. Karim Bibi's case, referred to above, order dated 19-11-1959 made by the Deputy Settlement Commissioner whereby Plot No. 10-G alongwith the disputed Plot No.11-G, Model Town, was transferred to the respondent shall be considered as the original order for the purpose of the provisions of the proviso to subsection (2) of section 3 of the Law Reforms Ordinance, 1972. The impugned order passed by the learned single Judge in exercise of Constitutional jurisdiction of this Court, though in respect of orders, dated 15-2-1979 and 6-8-1979, cannot be challenged in Intra-Court appeal in view of the proviso to subsection (2) of section 3 of the Law Reforms Ordinance, 1972, as the original order was passed on 19-11-1959. We, therefore, hold that the present appeal is incompetent and the same is hereby dismissed leaving the parties to bear their own costs.

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