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MUHAMMAD YUSAF versus HAKIM ALI


Sections 10 and 14 of the Civil Judge Jurisdiction The High Court does not issue any notification regarding the reduction of jurisdiction of the civil judge before its jurisdiction is extended to the entire district. Any instruction in exercising jurisdiction under the supervision of the High Court, allowing a civil judge to hold a court at a particular place, was held, could not void the provisions of section 1C (2) whereby the civil , The judge includes the judge of the entire district, including such specific place [jurisdiction]

1981 C L C 200

[Lahore]

Before Muhammad Afzal Lone, J

MUHAMMAD YUSAF AND 3 OTHERS‑Petitioners

versus

HAKIM ALI AND ANOTHER‑Respondents

Civil Revision No. 26 of 1980, decided on 17th June 1980.

(a) West Pakistan Civil Courts Ordinance (II of 1962)‑

Ss. 10 & 14‑Civii Judge‑ Jurisdiction‑High Court not issuing any notification curtailing jurisdiction of Civil Judge‑Pre‑emption that his jurisdiction extended over entire District‑Any direction issued by High Court in exercise of its supervisory jurisdiction authorising Civil Judge to hold Court at a specified place, held, could not override provisions of S. 1C(2) conferring jurisdiction on Civil, Judge over entire District including such specified place.‑[Jurisdiction].

(b) Words said phrases‑

Term "Judge" usually identified with term "Court" and both expressions used interchangeably.

(c) West Pakistan Civil Courts Ordinance (II of 1962)‑

S. 14‑Terms "Court" and "Judge"‑To be construed in context of statutes in which used‑Scheme of Civil Courts Ordinance and heading of S. 14 thereof, held, amply demonstrate term "Court" being identified with its Presiding Officer.‑[Words and phrases].

(d) Civil Procedure Code (V of 1908)‑

O. XXI, r. 10 & S. 115‑Execution of decree ordered by Civil Judge allegedly in unusual haste‑Merit of speedy justice though to be appreciated yet tendency to precipitate action could not earn confidence of litigants, such being foundation of a successful judicial system‑Executing Court having jurisdiction, any error in exercise of such jurisdiction, held, can furnish valid ground for interference in exercise of revisional jurisdiction.

Shamim Abbas Bokhari for Petitioners.

Rana Abdur Rahlm for Respondent No. 1. Nemo for Respondent No. 2.

Date of hearing : 16th March 1980.

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