2011 PLC 307 KARACHI-HIGH-COURT-SINDH

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MAHMOOD HUSSAIN LARIK VS MUSLIM COMMERCIAL BANK LIMITED 1985 SCMR 401, 1990 SCMR 1621, 1992 SCMR 1181, 1992 SCMR 1891, 1993 SCMR 488, 1993 SCMR 511, 1997 SCMR 1630, 2003 SCMR 875, 2005 SCMR 1371, PLD 1961 SC 349, PLD 1974 SC 22, PLD 1988 SC 416, PLD 2003 SC 315, Constitution of Pakistan 1973--185 , Maintainability--TERM , Art. 185(2)(d)(e) & (3)--- Appeal to Supreme Court---Maintainability---No value could be given to the subject-matter of the appeals involving labour disputes, service cases, cases arising from the rent jurisdiction or family disputes where the main prayer was of restoration in service, eviction of the tenant on various grounds or dissolution of marriage/custody of minors respectively, although it may be that granting or refusing of the main prayer may result in some monetary benefit to any party to the dispute before the court of first instance and in an appeal---No direct appeal as of right could be filed in said matters as the first pre-condition could not be quantified---Appeal would be to the Supreme Court as of right if the matter was covered under Art.185(2)(d) & (e) of the Constitution and if the matter was not so covered then leave to appeal had to be sought from Supreme Court in terms of Art.185(3) of the Constitution---Principles.