MOON DENTAL CLINIC, ISLAMABAD vs ADDITIONAL DISTRICT JUDGE, ISLAMABAD-WEST — 2026 PLD 291 SUPREME-COURT

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MOON DENTAL CLINIC, ISLAMABAD VS ADDITIONAL DISTRICT JUDGE, ISLAMABAD-WEST. Arts. 175-F(1)(c) [inserted through Constitution (Twenty-Seventh Amendment) Act (XXXII of 2025)] & 185(3)---Civil petition for leave to appeal before the Supreme Court---Maintainability post-Twenty-Seventh Constitutional Amendment---Office objection---Matter relating to rent proceedings---No appeal lay before Supreme Court in rent matters, objection of---Legality---Rent matter not being expressly excluded from appellate jurisdiction of Federal Constitutional Court---Effect---Overruling of objection---Scope---Briefly, present petition for leave to appeal was filed against the High Court judgment passed under Article 199 of the Constitution in a rent matter, where the office objected that after Article 175F (27th Amendment), the High Court was the final forum and no appeal lay to the Supreme Court---Held: The proviso to Article 185(3), which provided that "no appeal shall lie to the Supreme Court in cases to which clause (1) of Article 175F applies", made it evident that the bar on the appellate jurisdiction of Supreme Court was confined only to those cases which, in fact, fell within the ambit of Article 175F(1)---Since rent and family matters stood expressly excluded from the applicability of Article 175F(1)(c), such cases could not be regarded as cases to which Article 175F applied---Consequently, petitions arising out of rent and family matters were not barred from the appellate jurisdiction of the Supreme Court under Article 185(3), subject to the grant of leave---The objection raised by the Office, premised on the petition arising out of a rent matter, was misconceived and was rightly overruled---In view of the express exclusion of rent matters from the scope of Article 175F(1)(c), such cases could not be regarded as falling within Article 175F(1)---The proviso to Article 185(3) was, therefore, not attracted, and the present petition was maintainable, in circumstances.

MOON DENTAL CLINIC, ISLAMABAD vs ADDITIONAL DISTRICT JUDGE, ISLAMABAD-WEST — 2026 PLD 291 SUPREME-COURT

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