Law:

Section:

Civil Procedure Code (V of 1908)--- ----S. 12(2)---Constitution of Pakistan (1973), Art.185(3)---Final for the purposes of S.12(2), C.P.C.---Petition for leave to appeal---If the Supreme Court merely, reaffirms a or order of the High Court by refusing leave to appeal the final in terms of S.12(2), C.P.C. would be of the High Court and not of the Supreme Court---If, however, the Supreme Court reverses a of a High Court and records a finding on question of fact or law contrary to what was held by the High- Court, the final or order would be of the Supreme Court for the purpose of S.12(2), C.P.C. If the Supreme Court merely reaffirms a or order of a High Court by refusing leave to appeal the final in terms of section 12(2), C.P.C. will be of the High Court and not of the Supreme Court and if the Supreme Court reverses a of a High Court and records a finding on question of fact or law contrary to what was held by the High Court, the final or order would be of the Supreme Court for the purposes of section 12(2), C.P.C. In the present case by dismissing the petition for leave to appeal Supreme Court had affirmed and not reversed the of the High Court. The final in terms of section. 12(2), C.P.C. was, therefore, of the High Court and as such there could be no dispute with the proposition that jurisdiction to entertain and decide the application under section 12(2), C.P.C. moved by the petitioners vested exclusively in the High Court. Khawaja Muhammad Yousaf v. Federal Government through Secretary, Ministry of Kashmir Affairs and Northern Areas and others 1999 SCMR 1516 and Abid Kamal v. Mudassar Mustafa and others 2000 SCMR 900 fol. Secretary, Ministry of Religious Affairs and Minorities and 2 others v. Syed Abdul Majid 1993 SCMR 1171 and Mubarak Ali v. Fazal Muhammad and another PLD 1995 SC 564 ref. JUDGMENT QAZI MUHAMMAD FAROOQ, J.---The petitioners seek leave to appeal against the judgment of a learned Judge in Chambers of the Lahore High Court dated 13-4-1999 whereby their application under section 12(2) of the Code of Civil Procedure was not entertained and decided on merits on the ground of lack of jurisdiction. 2. The prayer made in the application was to the…

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