- Writ of quo warranto — Admitted for regular hearing — Appeal filed against admission order — Impugned order being an ex parte order-No authority cited at bar that the superior Courts of India and Pakistan interfered in the order of an admission of writ petition for regular hearing. Two cases of this Court: 1991 MLD 2658 and 1992 MLD 2424 were cited. This Court has only interfered in such cases where there was total lack of jurisdiction of the High Court regarding the subject matter of the writ petition or an order was passed in disregard of law which is apparent on the face of the record and a deep scrutiny of the controversial factual or legal points was not required. Thus the interference in an ex-parte order of admission of a writ petition is not a rule but an exception. Azad Government v. Sahibzada Ishaque Zafar 1994 SCR 323 (A)
- If the question involved in writ petition needs deep scrutiny of factual or legal aspects of the case, this Court would not interfere and would stay its hands — Primarily it is for the High Court to draw conclusion on controversial issues of fact and law in view of the record before it and to resolve the controversial points. Appeal against the order of admission of a writ petition would only lie if a case falls within the ambit of the principle laid down in the above referred cases. Azad Government v. Sahibzada Ishaque Zafar 1994 SCR 323 (B)
- In the cursory view of the matter there was no lack of jurisdiction of the High Court or flagrant disregard of law while passing the impugned order — Appeal dismissed. Azad Government v. Sahibzada Ishaque Zafar 1994 SCR 323 (E)
- Admission of a writ petition only shows that a prima facie case was made out which does not mean that the argued points have been accepted. Azad Government v. Maj. General (Rtd.) Muhammad Hayat Khan & others 1995 SCR 283 (A) 1994 SCR 323 ref & Relied.
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