Question of jurisdiction, if raised, has to be determined at the outset and to the exclusion of all other issues.

In terms of the first proviso to Section 3 of the Law Reforms Ordinance 1972, an Intra Court Appeal shall not be competent if the writ petition before the High Court under Article 199 of the Constitution arises out of any proceedings in which the law applicable provides for at least one appeal against the original order.

Whether an appeal was availed or not is immaterial and as long as an appeal against the original order is provided by law then an Intra Court Appeal shall not be competent. Right of appeal whether it could be availed by both the parties is immaterial and as long as the right of appeal is available in the statue in terms of which the order has been passed, an Intra Court Appeal is not competent.

ICA 1829406.1046-15
MUHAMMAD TAYYAB NAZIR ETC VS POP ETC
Mr. Justice Muhammad Shan Gul
20-05-2021
2021 LHC 1169