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MOHAMMAD ISHFAQ AHMED vs MOHAMMAD FAROOQ Ss — 2026 CLC 895 HIGH-COURT-AZAD-KASHMIR

Case information

Citation
2026 CLC 895 HIGH-COURT-AZAD-KASHMIR
Year
2026
Reporter
CLC
Parties
MOHAMMAD ISHFAQ AHMED vs MOHAMMAD FAROOQ Ss
Subject matter
Civil
Provisions referred to
S. 104

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

MOHAMMAD ISHFAQ AHMED VS MOHAMMAD FAROOQ Ss. 104 & 115 & O.XLIII, R.1---azad Jammu and Kashmir Interim Constitution act (VIII of 1974), art.44---Order passed by the District Court in its revisional jurisdiction, assailing of---Whether appeal or writ petition?---Held: an order passed by the District Judge in revision is not appealable and under C.P.C., the only remedy available to the appellant is a constitutional petition field under art.44 of the azad Jammu and Kashmir Interim Constitution act, 1974---Section 104, C.P.C. and O. XLIII, R.1, C.P.C. clearly listed orders against which appeals are permissible, thus, an order passed in revision is not mentioned anywhere---It is clear enough that order impugned passed in revisional jurisdiction is neither an order appealable under O.XLIII R.1, C.P.C. nor a decree or an order appealable under S.104, C.P.C.---appeal only lies when it is expressly provided in the law---Law recognizes only such lis which is provided in the codal scheme and specifically listed the relevant law---Leaving aside the factual matrix of the lis, no appeal lies against an order passed by the District Court in revision; the only remedy provided in the law is a writ---Thus, present appeal was not competent---appeal, being non-maintainable, was dismissed.

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