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Initializing Secure Chambers
Petitioner: IMPORT AGENCIES and others VS Respondent: SPECIAL JUDGE
Court Name: Lahore High Court Judge(s): Malik Muhammad Qayyum Title: IMPORT AGENCIES and others vs SPECIAL JUDGE Case No.: Writ Petition No,3855 of 1994 Date of Judgment:1994-04-09 Reported As: 1994 MLD 2207 Result: Petition dismissed
Judgment ORDER ' The petitioner feels aggrieved of certain orders passed by the Special Court (Banking) constituted under the Banking Companies (Recovery of Loans) Ordinance, 1979. 2. The contention of the learned counsel is that notwithstanding the fact that the learned counsel for the plaintiff had not appeared on certain dates of hearing nor any process fee has been deposited, yet the learned Special Judge (Banking) adjourned the case and granted further time to the plaintiff to furnish process fee. The other contention is that the application for leave to appear and defend the suit has been dismissed by the Court without due application of mind. 3. I am afraid, the contention raised by the learned counsel for the petitioner cannot be examined in the present proceedings. In the absence of any challenge to the jurisdiction of the learned Special Judge or the vires of any law, no Constitutional petition can be maintained against interim orders passed by the Special Court. The petitioner can raise all these questions at the time of filing of an appeal if the ultimate decision of the suit is against him. ' With these observations, this petition is dismissed in limine.