ZAHIR ULLAH vs SAMIN JAN KHAN Ss — 2021 YLR 1575 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 1575 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: ZAHIR ULLAH vs SAMIN JAN KHAN Ss
Subject matter: Civil
Provisions referred to: S. 12; S. 115

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ZAHIR ULLAH VS SAMIN JAN KHAN Ss. 12(2) & 115--- Revisional jurisdiction of High Court---Case decided, principle of---Applicability---Interim/interlocutory order---Concurrent findings of two Courts below---Petitioner-plaintiff resisted application under S.12(2), C.P.C. filed by respondent-applicant seeking setting aside of ex-parte judgment and decree---Trial Court and Lower Appellate Court found application under S.12(2), C.P.C. as maintainable--- Validity--- Order assailed by petitioner-plaintiff was an interlocutory/interim order, which did not fall within the four corners of 'case decided' for invoking jurisdiction of S.115, C.P.C.---Order of Trial Court was well reasoned by holding application as maintainable and the same could not be challenged in revision petition---Matter was open for both parties to prove their respective contentions as alleged by them in their pleadings---Concurrent findings of two Courts below could not be set at naught unless the same were perverse, illegal or suffering from jurisdictional defect---Revision was dismissed, in circumstances.

Other judgments reported in 2021 YLR

2021 YLR 110 QUETTA-HIGH-COURT-BALOCHISTANDEPUTY COMMISSIONER (REVENUE)/COLLECTOR VS MEHRULLAH KHAN. Ss. 18 & 23 - Reference to court - Enhancement of compensation - Referee Judge en…
2021 YLR 90 QUETTA-HIGH-COURT-BALOCHISTANRAKHSHANDA JAMAL VS SHAHID-UL-HASSAN. Art. 199 - Constitutional petition - Maintainability - Pendency of criminal proceedings - Petitioner s…
2021 YLR 2068 PESHAWAR-HIGH-COURTGHULAM MUHAMMAD VS REGIONAL COMMISSIONER FOR FEDERAL OMBUDSMAN, PESHAWAR ambiguity, avoiding of---Principle---Each and every part of statute…
2021 YLR 328 ISLAMABADMUHAMMAD NAWAZ VS State S. 497---Penal Code (XLV of 1860), Ss. 406, 468, 471 & 109---prevention of electronic Crimes Act (XL of 2016), Ss. 1…
2021 YLR 2033 PESHAWAR-HIGH-COURTMUHEEB ULLAH VS State absconsion---Scope---Conviction of an accused could not be based on his abscondence when otherwise the prosecution fai…
2021 YLR 1560 PESHAWAR-HIGH-COURTMEHBOOB-UR-REHMAN VS State S. 497---Penal Code (XLV of 1860), S. 149--- Bail--- Common object---Vicarious liability---Scope---Question of vi…

Back to the case-law library · Search Pakistani case law in Urdu or English