AMANAT ALI alias BABU vs Mst. SHABBIRAN BIBI and others
This matter originated as a petition for leave to appeal against an order of the Lahore High Court, which had dismissed an Intra-Court Appeal (I.C.A.) and subsequently rejected an application for its restoration. The petitioner sought to challenge the High Court's refusal to restore the appeal, which had been dismissed on the grounds that no sufficient cause was demonstrated. The core legal question before the Supreme Court was whether the High Court's discretionary refusal to restore the appeal warranted interference by the apex court. Upon review, the Supreme Court held that the High Court exercised its jurisdiction appropriately and that the order did not suffer from any illegality. The Supreme Court declined to substitute its own opinion for that of the High Court, emphasizing that it would not interfere with a discretionary order passed with jurisdiction, particularly where no question of law of public importance was involved. Consequently, the petition was dismissed and leave to appeal was refused, reinforcing the principle that appellate courts will not disturb discretionary orders of lower courts absent illegality or significant legal error.
- Does the Supreme Court interfere with a High Court's discretionary order refusing to restore an Intra-Court Appeal where no illegality is shown?
- Is a question of law of public importance a prerequisite for the Supreme Court to grant leave to appeal against a High Court's procedural order?
ORDER
' IFTIKHAR MUHAMMAD CHAUDHRY, J.--- Petitioner's I.C.A. No,440 of 2000 (Amanat Ali alias Babu v.
Mst. Shabbiran Bibi and 2 others) pending on the file of Lahore High Court has been dismissed vide order, dated 20-6-2000. Application filed for restoration of the I.C.A. Failed as the same was dismissed being without merit vide order, dated 21-6-2000, therefore, instant petition has been filed.
2. Learned High Court after having gone through the application declined to exercise jurisdiction for the reason that no good ground has been shown for restoration of the appeal. Therefore, in such situation we are not inclined to substitute the order of the High Court by expressing our opinion contrary to what has been expressed by the learned High Court because once the order is passed with jurisdiction and also does not suffer from any illegality including the fact that it does not involve any question of law of public importance, therefore, the petition is dismissed and leave refused.