Law: Limitation Act, 1908

Section: 162

Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: O.XLVII,Rr.1,2,114

(a) Limitation Act (IX of 1908)--- ----Art. 162---Civil Procedure Code (V of 1908), O.XLVII, Rr. 1, 2 & S.114---Constitution of Pakistan, Art. 199---Constitutional petition---Original jurisdiction of High Court---Scope---Review of order passed in the exercise of constitutional jurisdiction of High Court---Limitation---Applicant sought review of order of High Court passed in constitutional petition---Review was barred by time under Art.162 of the Limitation Act, 1908---Contention of applicant was that Art.162, Limitation Act, 1908 did not apply to the present case, as the order sought to be reviewed was not passed while exercising original jurisdiction of High Court, since the constitutional petition emanated from the suit decided by the Family Court---Validity---Concept of "original jurisdiction" as envisaged and stated in Art.162 of the Schedule to Limitation Act, 1908 did not make any classification between constitutional petition instituted under Art.199 of the Constitution which arose out of proceedings of a civil suit or which were filed against some order independent of any civil suit proceedings---Concept of original jurisdiction under Art.162 of the Schedule to the Limitation Act, 1908 was with reference to the first forum available under the Constitution, for entertainment of a petition and passing of an order as visualized under Art.199 of the Constitution---Concept of "original jurisdiction" was in contrast to the exercise of appellate or revisional jurisdiction of High Court---High Court, as a forum for the entertainment of constitutional petition was created by the Constitution under Art.199, therefore, when a High Court entertained a constitutional petition against any order, whether the same was judicial or administrative, it entertained the same in exercise of its original jurisdiction which was conferred upon the High Court through the Constitution---Review, being time-barred, was dismissed, in circumstances. (b) Constitution of Pakistan--- ----Art. 199---Jurisdiction of High Court under Art.199 of the Constitution---Nature---High Court, as a forum for the entertainment of constitutional petitions was created by the Constitution under…

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