National Defence University (NDU) vs Ms — 2026 MLD 620 ISLAMABAD

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National Defence University (NDU) VS Ms. Nadia Asghar S.115---Constitution of Pakistan, Art.203---Revisional jurisdiction of the High Court---Scope---The provision of S.115 of C.P.C. under which the High Court exercises its revisional jurisdiction, confers an exceptional and necessary power --- This power is intended to ensure the effective exercise of the Court's superintendence and visitorial authority of correction, unhindered by technicalities---While considering the scope of revisional jurisdiction, the primary factors that warrant its exercise are those expressly provided in S.115 C.P.C. namely, where the subordinate Court has exercised jurisdiction not vested in it by law, or has failed to exercise jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity---Such jurisdiction may also be invoked where the subordinate Court has decided a matter based on misreading or non-reading of material evidence, or where it has omitted to consider crucial evidence that had a direct bearing on the issues involved---Therefore, the scope of revision is narrow and is restricted to correcting jurisdictional errors or gross mis-appreciation of evidence that leads to a miscarriage of justice---However, where the first Appellate Court, while exercising its powers under S.96 C.P.C, has reappraised the evidence and reversed the findings of the Trial Court, the revisional jurisdiction of the High Court under S.115 C.P.C is limited---It may only interfere where the findings of the first Appellate Court are tainted by misreading or non-reading of evidence, or where the judgment is in violation of settled principles laid down by the superior Courts---Ordinarily, the first Appellate Court has the jurisdiction to reassess the entire evidence on record and reach a different conclusion---The revisional jurisdiction of the High Court, while assailing the orders of subordinate Courts, is also to be exercised in conjunction with its supervisory jurisdiction under Art.203 of the Constitution, to correct orders that are perverse, fraudulent, erroneous, or passed either in express violation or ignorance of applicable law.

National Defence University (NDU) vs Ms — 2026 MLD 620 ISLAMABAD

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