NLR 2008 SD 178.
Rafique Hussain & another V/S Zareena Bibi etc. (Shariat Court AJK)
Rule 12(2) AJK Family Courts Act. Execution application filed by wife which was dismissed for non-prosecution would be rightly restored by Family Court when there was sufficient cause as on account of heavy rains and land sliding applicant/wife could not approach Court at a relevant time. (2) S.14. An order of Family Court restoring execution application which was dismissed for non-prosecution would be an interlocutory order which is not appealable under S.14. Appeal filed before Shariat Court against such interlocutory order dismissed by Shariat Court as not maintainable. (3) S.14. Legislature in its wisdom did not make any provision in the Act for appeal against an interlocutory order. Under S.14 only a final decision or decree passed by Family Court would be appealable before Shariat Court. APPEAL DISMISSED.
