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Writ Petition No. 3892 of 1985, decided on 12th March, 1986.
---S. 115--'Case decided'--Connotation of--Revisional jurisdiction--Order of Trial Court dismissing application for amendment of plaint being a case decided; such order, held, was open to interference in revisional jurisdiction.
Bashir Ahmad v. Qaiser Ali Khan P L D 1973 S C 507 ref.
---Art. 199--Civil Procedure Code (V of 1908), S.115--Constitutional jurisdiction, exercise of--Order dismissing revision petition by Court below on erroneous view of scope of 5.115 of Civil Procedure Code (V of 1908), being illegal was set aside, in exercise of constitutional jurisdiction by High Court with direction to Court below that revision petition should be treated as pending for fresh disposal in accordance with law.
Malik Muhammad Ashbab for Petitioners.
Kh. Muhammad Farooq for Respondents Nos. 3 and 4.
Nemo for Respondents.
Date of hearing: 12th March, 1986.
The learned Civil Judge's order, dated 19-3-1984 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. Qaiser 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. This writ petition is, therefore, accepted, impugned order declared to have been passed without lawful authority and is of no legal effect. Consequently the petitioner's revision shall be treated as pending and to be 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.
H.B.T. ----- Petition accepted.
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