1. AJMAL MIAN, C.J.-This High Court Appeal is directed against an order dated 18-4-1988 passed by a learned Single Judge exercising power of Special Banking Court under the Banking Companies (Recovery of Loans) Ordinance, 1979 closing the side of the present appellant/defendant. The appellant being aggrieved by the above order has filed the present appeal.
2. The office has raised an objection as to the maintainability of the above appeal and the case has been fixed for that purpose.
3. Mr. Faizanul Haq learned counsel for the appellant has contended that since as far as the appellant is concerned after the closing of the side the matter has been decided against him and has been finally disposed of. However, we have pointed out to the learned counsel for the appellant that in terms of proviso to subsection (1) of section 12 of the aforesaid Ordinance, which provides that no appeal shall lie from interlocutory order which does not dispose of the entire case before the Special Court, the present appeal is not competent as admittedly the suit is still pending before the learned Special Judge even after the closing of the above side of the appellant. The office objection is, therefore, sustained and the appeal is dismissed.