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AZIZULLAH SOOMRO vs MUZAFAR HUSSAIN S — 2024 CLC 1740 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLC 1740 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLC
Parties
AZIZULLAH SOOMRO vs MUZAFAR HUSSAIN S
Subject matter
Civil
Provisions referred to
S. 115---C; S. 115; Civil Procedure Code

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

AZIZULLAH SOOMRO VS MUZAFAR HUSSAIN S.115---Constitution of Pakistan, Art. 199---Judgment passed by the District Court in its revisional jurisdiction---Constitutional jurisdiction of the High Court, invoking of---Scope and effect---Section 115 of the Civil Procedure Code, 1908, provides for the remedy of revision and subsection (2) thereof empowers the District Court to exercise power of revision in respect of any case decided by a subordinate Court---Subsection (4) of S. 115 of the Civil Procedure Code, 1908, clearly explicates that no proceedings in revision shall be entertained by the High Court against an order made under said subsection by the District Court---Prima facie, there is a statutory bar upon further escalation in the High Court of a matter determined per the said provision---Impugned Order had admittedly been rendered per S. 115(2), C.P.C. and petitioner had remained unable to advance any argument as to how ( present ) constitutional petition could be entertained in view of the statutory bar contained in S. 115(4), C.P.C.---Constitutional jurisdiction is equitable and discretionary in nature and should not be exercised to defeat or bypass the purpose of a validly enacted statutory provision---Invocation of constitutional jurisdiction in view of the bar contained in S. 115(4), C.P.C. would prima facie disturb the conclusiveness ascribed to the finality of orders per S. 115(2), C.P.C. and unwarranted interference could be construed as defeating manifest legislative intent---Constitutional petition was dismissed, in circumstances.

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