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[Lahore]
Before Muhammad Afzal Lone, J
MUHAMMAD NAZEER and others--Petitioners
versus
ADDITIONAL DISTRICT JUDGE, KASUR and others--Respondents
Writ Petition No. 3892 of 1985, decided on 12th March, 1986.
---S. 115--"Case decided"--Meaning and scope of--"Case decided" occurring in S. 115, Civil Procedure Code, 1908, held, would include decision of Court, subordinate to High Court in respect of arty state of fact after judicially considering same---Such decision need not necessarily dispose of whole matter or suit pending before such Court.--[Words and phrases].
Bashir Ahmad v. Qaisar Ali' Khan P L D 1973 S C 507 rel.
---Art. 199--Civil Procedure Code ('V of 1908), S. 115--Constitutional jurisdiction--Non-exercise of revisional jurisdiction by revisional Court, held, would render such order to be declared by High Court in exercise of constitutional jurisdiction to be without lawful authority and of no legal effect.
Bashir Ahmad v. Qaisar Ali Khan P L -D 1973 S C 507 rel.
Malik Muhammad Ashraf for Petitioners.
Muhammad Farooq for Respondents Nos. 1 and 2.
Nemo for Respondents Nos. 3 and 4.
Date of hearing: 12th March, 1986.
The learned Civil- Judge's order dated 19-3-19.84 was called in question by the petitioners through a revision which was not entertained by the learned Additional District Judge on the ground that the order did not amount to a case decided within the meaning of section 115, , C.P.C.
2. A reference to Bashir Ahmad v. Qaisar Ali Khan P L D 1973 SC 507 will provide that such an order can be subjected to revisional jurisdiction. It being so, the learned counsel for the contesting respondents did not have much in defending the impugned orders.
3. The writ petition is, therefore, accepted, impugned order declared to have been passed without lawful authority and as of no legal effect. Consequently the petitioner's revision shall be treated as pending and disposed of afresh in accordance with law, within a period of two months. The parties are left to bear their own costs and are directed to appear before the learned Additional District Judge on 24-3-1986.
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