Right of appeal from the interim order could not be bypassed by bringing under attack such interim orders in constitutional jurisdiction.

9. It has been observed that interlocutory order is an order in which no final verdict is pronounced, but an ancillary order is passed with the intention to keep the same operative till final order/decision is passed in the pending matter. It is also observed that under the relevant laws legislature has not provided remedy of appeal, revision or review against an interim order, therefore Hon’ble Supreme Court of Pakistan in Syed Saghir Ahmed Naqvi Vs. Province of Sindh through Chief Secretary S&GAD, Karachi and others (1996 SCMR 1165) held as under:-

 “Constitutional jurisdiction, exercise of statute excluding a right of appeal from the interim order could not be bypassed by bringing under attack such interim orders in constitutional jurisdiction. Party affected has to wait till it matures into a final order and then to attack it in the proper exclusive forum created for the purpose of examining such order.”

Part of Judgment : 

IN THE LAHORE HIGH COURT, LAHORE JUDICIAL DEPARTMENT.

WP- Family Law
21213-14

2014 LHC 6331