SHAHROZ vs ADDITIONAL DISTRICT JUDGE art — 2026 PLD 206 LAHORE-HIGH-COURT-LAHORE

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SHAHROZ VS ADDITIONAL DISTRICT JUDGE art.199---Constitutional jurisdiction of the High Court---Scope---In exercise of its constitutional jurisdiction under art.199 of the Constitution, High Court can review the judgments to ensure that the lower courts acted in accordance with law and properly considered the evidence before them---However, High Court cannot assume the functions of a civil court to re-examine evidence or to pass a decree in favor of either party---The primary responsibility for determining the facts and granting relief rests with the Civil Court, which is empowered to adjudicate disputes based on the evidence and material placed before it---High Court under its discretionary writ jurisdiction under art.199 of the Constitution, is neither an appellate forum nor a vehicle for re-appraisal of evidence meticulously recorded by the forums below---The Constitutional jurisdiction of the High Court is not designed to undertake a roving exercise of re-evaluating factual findings or to substitute its own opinion for that of the Family Court and the appellate authority, who are the primary fact-finding tribunals entrusted with the appreciation of evidence---While the High Court retains the power to interfere where orders are suffering from jurisdictional defects, patent illegality, non-consideration of material evidence, or where the forums below have acted in violation of the law declared by the superior courts, it cannot embark upon a de-novo assessment of the evidence as if sitting in regular appeal---However, where the impugned judgment demonstrably overlooks crucial admissions and fails to apply settled legal principles, the appropriate remedy is not for the High Court to re-adjudicate the factual matrix itself, but to remand the matter for fresh determination in accordance with law.

SHAHROZ vs ADDITIONAL DISTRICT JUDGE art — 2026 PLD 206 LAHORE-HIGH-COURT-LAHORE

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