Law:

Section:

Constitution of Pakistan (1973)-------Art 199---Constitutional petition---Maintainability---Order passed by Court of competent jurisdiction---Order passed by Appellate Court in exercise of revisional jurisdiction was assailed in the Constitutional petition---Validity---Where the order was although illegal, but passed with jurisdiction, then the same could not be assailed in Constitutional petition--­Constitutional petition was competent against such revisional order if order passed by the revisional Court was wholly void or coram non-judice---Except for such orders in no other case an order passed by Appellate Court as a revisional Court could be challenged through filing of the Constitutional petition---Order passed by the Appellate Court, in the present case, was neither void nor without jurisdiction and the same had been passed by the Court having jurisdiction in the matter---High Court declined to interfere with the order passed by the Appellate. Court---Constitutional petition was dismissed in limine. Hafiz Abdus Salam PLD 1991 FSC 65 distinguished. Noor Muhammad v. Sarwar-Khan and 2 of others PLD 1985 SC 131; Muhammad Zahoor and another v. Lal Muhammad and 2 others 1988 SCMR 322 and Muhammad Khan v. Ghulam Fatima 1991 SCMR 970 ref. JUDGMENT The petitioner, through the institution of the present writ petition has challenged the order dated 7-9-2000, whereby the learned Additional District Judge, Sargodha, while exercising powers under section 115, C.P.C., dismissed the revision petition, filed by the petitioner and maintained the judgment dated 2-3-1993, passed by the learned Civil Judge, through which he accepted the petition filed by Sh. Muhammad Ikram Ullah Khan, respondent No. 3, under section 12(2) of the Code of Civil Procedure. 2. The case in hand has a checkered history with complicated facts, which have elaborately been given in the revision petition and are not necessary to be reiterated for the disposal of the present revision petition. In nutshell, the petitioner has challenged an order, invoking the jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, passed by a revisional Court in…

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