Interlocutory application

2018 PLC(CS)N 131 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Contract employeeSuit for re-instatement in serviceInterlocutory application

Trial Court disposed of application of employee for permanent injunction under O.XXXIX, Rr.1 & 2, C.P.C. with the direction to the department to issue show-cause notice to the employee as required under the law with a reasonable opportunity to explain his position

Validity

Main prayer in the suit for declaration had been allowed without framing of issues and recording evidence

Appointment of employee was made on contract basis with certain terms and conditions

Service of such employee could be terminated at any time without assigning any reason by giving a notice for a period not less than thirty days or payment in lieu of notice period of a sum equivalent to salary of thirty days

Such notice was not required in case of termination of service on disciplinary grounds

Disputed questions of facts were involved in the present proceedings which required evidence

Equal opportunity should be given to the litigants to prove their case through evidence

Entire suit could not be disposed of through disposal of an interlocutory application

Impugned order passed by the Trial Court was not sustainable

Order passed by the Trial Court was set aside and matter was remanded for decision on merits in accordance with procedure

Appeal was allowed accordingly.

2017 CLD 1298 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 9 & 10Suit for recovery of financeInterlocutory applicationScope

No ancillary/interlocutory application filed by defendant can be entertained unless defendant is allowed to defend the suit.

2014 CLD 1499 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 9 & 10-Interlocutory applicationPrinciple

Defendant cannot file interlocutory/ancillary application and has no right to defend the suit unless allowed by court to defend the suit.