Law: Civil Procedure Code (V of 1908)

Section: 2(2),115

Law: Specific Relief Act, 1877

Section: 42

Law: Constitution of Pakistan, 1973

Section: 199,212(2)

(a) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of High Court---Suo motu powers, exercise of---Limitation---Any revision petition filed under S.115, C.P.C., is subject to limitation but where High Court exercises suo motu revisional jurisdiction under S.115 C.P.C., clog of limitation does not come in the way of High Court in administration of justice---Revisional power under S.115, C.P.C., is supervisory jurisdiction of High Court over subordinate Courts and if limitation of 90 days is made applicable in respect of exercise of supervisory jurisdiction of High Court, then such power may drastically curtailed and as authority in supervising affairs of its subordinate Courts is severely hampered. Mst. Banori v. Jilani, PLD 2010 SC 1186 and Rehmdil v. Province of Balochistan 1999 SCMR 1060 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction---Scope---Revisional jurisdiction is very vast and corresponds to remedy of "certiorari" which although discretionary yet can be invoked suo motu as well and Court can "make such order in the case as it thinks fit". (c) Civil service--- ----Promotion---Even if promotion is not considered to be a vested right of any civil servant, a legitimate expectation of promotion to higher rank comes to reside in the minds of eligible persons. (d) Civil Procedure Code (V of 1908)--- ----S. 2(2)---Decree-Applicability---Scope---Decree is binding only on parties to suit and not on a stranger---Every person/authority not impleaded in the array of dependents is a stranger. (e) Constitution of Pakistan--- ----Art. 212(2)---Words "other court"---Scope---Words "other courts" occurring in Art.212(2) of the Constitution, include all subordinate Courts/High Courts---No civil Court can exercise jurisdiction where matter brought before it involves enforcement of terms and conditions of service of civil servants. Dr. Rehmat Ibad Khan v. Employees' Old-Age Benefits Institution 2002 SCMR 572 rel. (f) Constitution of Pakistan--- ----Art. 199---Words "alternate remedy"---Scope---Adequacy of alternate remedy varies from case to case depending upon nature of remedy provided by law and peculiar facts…

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