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P L D 1979 Karachi 475
Before Fakhruddin G. Ebrahim and Ajmal Mian, JJ
HUSSAIN BUX‑Petitioner
versus
ADDITIONAL DISTRICT JUDGE, KHAIRPUR AND 8 OTHERS
Respondents
Constitutional Petition No. 208 of 1976, decided on 18th October 1978.
Civil Procedure Code (V of 1908)‑
S. 115 read with S. 107‑Revision‑District Judge hearing revision application tinder S. 115‑Does not enjoy same power as enjoyed by an appellate Court under S. 107‑‑Basis of exercise of jurisdiction under S. 115‑Held, preconditional to existence of any of conditions specified in S. 115‑Revisional Court allowing revision without adverting to any such condition and without justification converting suit under S. 9 into one under S. 8, Specific Relief Act (I of 1877)‑Such judgment held, without lawful authority and set aside‑Specific Relief Act (I of 1877), Ss. 8 & 9.‑[Revision (civil)].
Fazal Muhammad v. Muhammad Usman P L D 1970 Lah. 560 and Abdul Aziz v. Mst. Doulat Bibl and 3 others P L D 1973 Lah. 125 fool.
Mst. Jalna and others v. Hussain and another P L D 1963 Kar. 531 and Abdul Jamil v. Haroon P L D 1969 Kar. 78 distinguished.
Muharnmad Hussain Munir and others v. Sikandar and others P L D 1974 S C 139 ref.
S. H. RIM for Petitioner.
Nemo for Respondent No. 1.
Respondent No. 2 (absent).
A. F. Memon for L. Rs. of Respondent No. 3.
Date of hearing : llth October 1978.
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