' This order shall dispose of Office Objection regarding -maintainability of C.M. Under Order 45, rule 2, C.P.C. For grant of Certificate under Article 185(0 of the Constitution, filed in Civil Revision No.492 of 2002 decided by this Court on 24-9-2004.
2. The facts relevant for the disposal of instant matter are that in a suit for permanent injunction filed by Melnnood Iqbal petitioner against respondents and others, the learned Civil Judge 1st Class, Khairpur Tamiwali on 1-12-1993 passed the following order and disposeg of the said suit:-- "Counsel for the parties present. On behalf of the defendant No.4 Wakalat Nama has been filed by Mr. Sajjad Hussain Khan Sindhar, Advocate whereas on behalf of defendants Nos.1 to 3 and 6 to 8 written statement and written reply have been filed. Plaintiff has not filed process fee and notices for service of respondent No.5, therefore, to the extent of defendant No.5 suit is dismissed due to non-deposit of process fee and summons. Learned counsel for the defendants states that defendants are also co-sharer in the disputed Khatta and they admit the ownership of the plaintiff to the extent of 17 1/2 Marlas of disputed land as claimed in the plaint and they will not interfere in the said property of the plaintiff and all the parties shall enjoy their ownership and possession according to their respective shares shown in the Revenue Record. Learned counsel for the plaintiff is also satisfied over this statement and he does not want to press this suit any further, therefore, suit is dismissed as withdrawn. The above said statement of learned counsel for the defendants shall be considered a part of this order and they shall abide the above said statement."
3. On 8-1-1994 Mehmood Iqbal petitioner moved an application before the learned trial Court being under Order 39, rule .2 and 3 read with section 151 and Order 21, rule 32, C.P.C. For initiating contempt proceedings against the present respondents. This petition was heard by the learned trial Court and was disposed of on 5-5-2001 in the following terms:-- "In view of my findings on the above-mentioned issues, petition is allowed. Registered sale-deed which is Exh.A-5 on record, which is executed by respondent No.1 in favour of respondent No.3 dated 1-12-1993 is cancelled. All the respondents are directed to restore possession of 17 1/2 Marlas land as mentioned in Exh.A-5 and they are also awarded one month simple imprisonment. As the respondents are not present, therefore, their non-bailable warrant of arrest be issued immediately."
' Against the above said order, the present respondents filed appeal which was allowed by the learned Additional District Judge, Bahawalpur vide order. Dated 18-6-2002 whereby the above- mentioned order dated 5-5-2001 of the learned trial Court was set aside and application filed by the petitioner for initiation of contempt proceedings was accordingly dismissed. Feeling aggrieved of the order of learned Additional District Judge, the present petitioner filed Civil Revision No.492 of 2002 which was dismissed by this Court on 24-9-2004.
4. The petitioner instead of challenging the above said order of this Court by way of filing petition for leave to appeal under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, opted to file B this application terming the same as one under Order 45, rule 2, C.P.C. For the grant of Certificate under Article 185 of the Constitution.. When asked as to how this C.M. Is maintainable when it is simple question of appreciation of factual controversy and also interpretation of judgment dated 1-12-1993 and the orders dated 5-5-2004, 18-6-2001 and of this Court dated 24-9- 2004 entailing no substantial question of law as to the interpretation of the Constitution, the learned counsel for the petitioner insisted that the office objection be first turned down and then he would address arguments on the said question.
5. I have gone through the entire record and all- the above-mentioned judgments including one of this Court dated 24-9-2004 and also the points formulated in para. 1 of this C.M. Admittedly in view of Order 1, rule 5 of the Supreme Court Rule, 1980 the provisions of Code of Civil Procedure do not apply to the proceedings before the Supreme Court, hence, this C.M. .Under Order 45, rule 2, C.P.C. Is not maintainable at all. Reliance is placed on the case reported in (PLD 2005 Supreme Court 430).
6. So far as grant of Certificate in terms of Article. 185(2)(f) is concerned, this petition does not involve any substantial question of law as to the interpretation of the Constitution, hence, this petition on that score also is not maintainable and is dismissed. The petitioner may, if so advised approach the apex Court by way of filing petition for leave to appeal in terms of Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973.
7. For what has been discussed above, the office objection is sustained.
' Office Objection sustained.