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MUHAMMAD DIN SHAHID vs MAQBOOL HUSSAIN AWAN Ss — 2025 CLC 1636 ISLAMABAD

Case information

Citation
2025 CLC 1636 ISLAMABAD
Court
Islamabad High Court
Year
2025
Reporter
CLC
Parties
MUHAMMAD DIN SHAHID vs MAQBOOL HUSSAIN AWAN Ss
Subject matter
Civil
Provisions referred to
S. 12; Civil Procedure Code (V of 1908)

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

MUHAMMAD DIN SHAHID VS MAQBOOL HUSSAIN AWAN Ss. 42 & 54---Civil Procedure Code (V of 1908), S. 12(2)---Constitution of Pakistan, Art. 199 (1)(a)(ii)---Suit for declaration and injunction---Writ of certiorari---Ex-parte judgment and decree---Plea of fraud---Proof---Petitioner assailed ex-parte judgment and decree before High Court under Art. 199 of the Constitution---Validity---Certiorari is only available to quash a decision for an error of law---Such writ is also issued for correcting errors of jurisdiction when an inferior Court or a Tribunal acts without jurisdiction or in excess of its jurisdiction or fails to exercise its jurisdiction or where Court or Tribunal acts illegally in exercise of its undoubted jurisdiction and it decides a matter in violation of the principle of natural justice---High Court while issuing a writ of certiorari acts in exercise of supervisory and not appellate jurisdiction---High Court in exercise of writ jurisdiction does not review findings of facts reached by inferior Court or Tribunal---High Court declined to set aside ex-parte judgment and decree passed by Trial Court, as the petitioner failed to point out any error of law or absence of jurisdiction or excess of jurisdiction---Constitutional petition was dismissed, in circumstances.

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