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Civil Revision Appeal No.243 of 1982, decided on 13th October, 1986.
---S.115--Revision application against interlocutory order passed in suit--Suit from which revision application had arisen since disposed of and interlocutory order merged in final order--Application dismissed as infructuous.
Usman Ghani Rashid for Petitioner.
Saeeduddin Ahmad Zuberi, Attorney in person.
The Attorney of the respondent makes a statement in Court that the main suit from which this Revision Application has arisen has been disposed of. It is accordingly contended that as a result of disposal of the suit the Revision application which is admittedly against an interlocutory proceedings is no more maintainable. Mr. Usman Ghani Rashid, does not dispute that the suit has been disposed off but states that as the appeal is still pending the petitioner is entitled to pursue this Revision Application As the main suit has been disposed of the interlocutory order passed by the trial Court stands merged in the final order passed in the suit and any grievance which the petitioner had with respect to the interlocutory order has come to an end with the disposal of the suit. In these circumstances accept the application filed by the respondent and hold that this Revision Application has become infructuous in view of the disposal of the main suit pending before the trial Court. This Revision is accordingly dismissed as infractuous.
As a result of the dismissal of the main Revision the miscellaneous application filed by the petitioner is not pressed and dismissed as such.
M.Y.H./S-32/K Revision dismissed.
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