Mst. KALSOOM ZOHRA vs THE UNITED BANK LTD. and others
This petition for leave to appeal was filed by the defendant in a loan recovery case, challenging the dismissal of her Intra-Court Appeal by the High Court, which had previously dismissed her Writ Petition. The underlying dispute arose from the refusal of the Banking Court to grant the petitioner's application for the issuance of a notice to the opposing party to produce specific documents and record statements. The core legal question was whether leave to appeal should be granted against an interlocutory order in a pending suit. The Supreme Court observed that no stay of proceedings had been granted in the original suit and that the case was already ripe for final decision. Consequently, the Supreme Court held that it was not a fit case for the grant of leave to appeal against an interlocutory order. The petition was dismissed, reinforcing the principle that appellate courts generally decline to interfere with interlocutory orders when the main suit is nearing final adjudication.
- Should leave to appeal be granted against an interlocutory order when the main suit is ripe for final decision?
- Is an order refusing the production of documents and recording of statements in a Banking Court a fit subject for leave to appeal?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.--This petition for leave to appeal by the defendant in a loan recovery case, is directed against the dismissal by the High Court of her Intra-Court Appeal which had arisen out of the dismissal of her Writ Petition.
2. ' The petitioner's application before the learned Banking Court for issuance of notice to the other party that certain documents be produced and statement be recorded, was refused. The petitioner's Writ Petition and I.C.A. Having been dismissed, she has now sought leave to appeal.
3. ' No stay was granted in this case in so far as the proceedings in the original suit are concerned.
4. Learned counsel has informed that the case is ripe for final decision. In this view of the matter, we do not consider it a fit case for the grant of leave to appeal in respect of an interlocutory order. The petition accordingly is dismissed.