Case Details

Citation(s)
2016 SLG 3175 2016 SLD 3175 2016 MLD 1151

C. Rev. 150 of 2015, decided on 7th January, 2016. Date of hearing: 7th January, 2016.
YAR MUHAMMAD, JUSTICE
Shafqat Wali and Latif Shah for Petitioners. Johar Ali for
Respondents.

SOFIA NOORBAKHSHIA, SKARDU through Representatives - ERS

VS

SOFIA IMAMIA NOORBAKHSHIA, SKARDU and 2 OTHERS --Respondent

Law:

Section:

(a) Civil Procedure Code (V of 1908) --------- ----------Ss.151 & 115 --------- Appellate court suspending concluding para of while exercising powers under S.151, C.P.C. --------- Revision --------- Competency --------- Section 151, C.P.C. was not applicable in the present matter --------- Appellate Court instead of suspending para of the was required to determine some points between the parties for their compliance --------- Revision was not maintainable as High Court could not pass order acceptable to both the parties as arrangement for interim period --------- Revision was dismissed in circumstances. (b) Civil Procedure Code (V of 1908) --------- ----------S.115 --------- Revisional jurisdiction of High Court --------- Scope --------- High Court could interfere with the order passed while exercising discretionary jurisdiction if such order was perverse or illegal and had attained finality otherwise revisional jurisdiction of High Court could not be competently invoked. (c) Civil Procedure Code (V of 1908) --------- ----------S.115 --------- Revision, filing of --------- Requirement --------- All the documents which were provided to the first appellate court had to be filed with the revision. (d) Administration of justice --------- ----------When clear provision of law was available for dealing with an issue then discretionary and inherent power of court could not be invoked. THIS ORDER PASSED BY: YAR MUHAMMAD, JUSTICE:---------- This revision petition has been directed against the order dated 18-12-2015 passed by District Judge, Skardu whereby the learned Judge has suspended the concluding para of the judgment passed in civil Suit No. 130/14 by learned senior Civil Judge Skardu which suit was sub judice in his court between the parties. 2. Briefly the background of this case which gave birth to the instant revision is that parties were disputing over a Masjid situated at proper Skardu. The dispute was not settled amicably between the parties ultimately the situation compelled the respondents/plaintiffs to file the suit. After completion a full dress trial the learned trial judge disposed of the suit through his judgment and decree dated 10-11-2015…
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