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Hafiz MUHAMMAD OWAIS vs ADDITIONAL DISTRICT JUDGE Ss — 2024 CLC 577 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 CLC 577 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
CLC
Parties
Hafiz MUHAMMAD OWAIS vs ADDITIONAL DISTRICT JUDGE Ss
Subject matter
Civil
Provisions referred to
S. 104; 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

Hafiz MUHAMMAD OWAIS VS ADDITIONAL DISTRICT JUDGE Ss. 104, 115, O.XXXVII, R.1, 2, 4 & O. XLII, R.1---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Alternate remedy---Office objection---Petitioner / defendant was aggrieved of order passed by Trial Court setting aside ex-parte decree on the condition of submitting bank guarantee and surety bond---Petitioner / defendant assailed order of Trial Court in Constitutional petition but High Court office raised objection against maintainability of petition to avail alternate remedy---Validity---Order in question was not made appealable either under S. 104, C.P.C. nor the order amounted to a case decided to be revisable---Provision of S.115, C.P.C. provided that where appeal was not maintainable, revision would lie against decision of the case---For revision to be maintainable, finality was to be attached to the order assailed and the same was missing---Neither appeal nor revision was maintainable against interlocutory order requiring petitioner / defendant to deposit bank guarantee and surety bond for suspension of ex parte decree---Constitutional petition could be filed due to non-availability of equally efficacious alternate remedy and objection raised to avail appropriate remedy was misconceived---Office objection was over ruled, in circumstances.

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