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AKBAR versus DISTRICT JUDGE, SARGODHA


Although the Section 115 Revision Order is not in violation of the trial court, it is not in violation of section 115 of the CPC, which may be interfered with due to a violation of the principles of natural justice (natural justice, principles).

1981 C L C 539

[Lahore]

Before Muhammad Ilyas, J

AKBAR‑Petitioner

versus

DISTRICT JUDGE, SARGODHA AND 2 OTHERS‑Respondents

Writ Petition No. 7908 of 1980, heard on 16th December 1980.

(a) Civil Procedure Code (V of 1908)‑

0. XX, r. 4(2)‑Reasons for deciding revision petition‑Held, incumbent on trial Judge to give in his judgment.‑[Judgment].

Muhammad Hussain Munir v. Sikandar Khan P L D 1974 S C 139 ref.

(b) Civil Procedure Code (V of 1908)

S. 115‑Revision‑Order of trial Court even though not in con travention of S. 115 of C. P. C., held, can be interfered with for being in violation of principles of natural justice.‑[Natural justice, principles of].

Diwan Ziaul Haq and others v. The Government of West Pakistan P L D 1956 Lab. 358 and Muhammad Ayub Khan v. The Custodian of Evacuee Property and others P L D 1963 Kar. 551 ref.

(c) Constitution of Pakistan (1973)‑

Act. 199‑‑Writ‑Authority having jurisdiction to make an order, such order, held, cannot be challenged by means of a writ petition merely for reason of order being erroneous.‑[Jurisdiction].

Ch. Mushtaq Masood for Petitioner.

Namo for Respondents Nos. 1 and 2.

Ghulam Ali Mubashir for Respondent No. 3.

Dates of hearing : 15th and 16th December 1980.

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