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MISREE KHAN vs ABDUL GHAFOOR Ss — 2025 PLD 24 SUPREME-COURT

Case information

Citation
2025 PLD 24 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
PLD
Parties
MISREE KHAN vs ABDUL GHAFOOR Ss
Subject matter
Civil

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

MISREE KHAN VS ABDUL GHAFOOR Ss. 96, 115 & O.VII, R. 11---Constitution of Pakistan, Art. 199---District Court exercising revisional jurisdiction to issue an order to reject a plaint under Order VII, Rule 11, C.P.C.---Remedy available to the aggrieved party---Constitutional petition before the High Court---Second revision of an order rejecting a plaint under Order VII, Rule 11, C.P.C., by the District Court cannot be pursued by invoking Section 115, C.P.C. before the High Court---Furthermore, although a revisional court's order rejecting a plaint is classified as a decree, it cannot be appealed (before the High Court) under Section 96, C.P.C.---Moreover, a second appeal against such a decree is also not permissible, because this type of appeal can only be made concerning decrees issued by Courts operating in their appellate jurisdiction---Therefore, in such instances where parties feel aggrieved by the revisional order, they may pursue a writ petition under Article 199 of the Constitution---This writ petition must go beyond merely alleging illegality---It must establish that the underlying merits of the case have been adversely impacted and that a party's legal rights have been compromised as a result---This requirement emphasises the need for a meaningful connection between the alleged procedural irregularities and the substantive rights of the parties involved.

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