Law: Civil Procedure Code (V of 1908)

Section: 9,115

(a) Civil Procedure Code (V of 1908)--- ----S. 9---Civil Court, jurisdiction of---Scope. Civil court is a court of ultimate jurisdiction and is always competent to examine whether the orders brought before it for judicial scrutiny are in accordance with legal framework and do not suffer from mala fides. The paramount rule, is to keep in mind while scrutinizing the ouster clause of any Act wherein the jurisdiction of civil court has been barred, is that if the order passed under an Act is within the competence and jurisdiction of a person who has passed the order, then certainly the debarring clause is available and that order passed by such person or authority cannot be challenged in the civil court, and if the order passed by a person or authority, is without jurisdiction or beyond the authority conferred through an Act upon the person or authority, then the civil court certainly has jurisdiction to scrutinize the decision rendered. Evacuee Trust Property and others v. Muhammad Ramzan and others 2000 MLD 100; Begum Syeda Azra Masood v. Begum Noshaba Moeen and others 2007 SCMR 914 and Gul Shah v. Hafiz Ghulam Muhammad and others 2009 SCMR 1058 ref. Federal Government of Pakistan v. Khursheed Zaman Khan and others 1999 SCMR 1007 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of High Court---Scope. The jurisdiction of court is confined to the extent: (a) where the trial court exercised its jurisdiction not vested in it by law, (b) failed to exercise a jurisdiction so vested, (c) acted in the exercise of the jurisdiction illegally or with material irregularity. The exercise of revisional jurisdiction is limited only to the correction of the errors of jurisdiction committed by the courts below or if they are based on mis-reading or non-reading of evidence. Where courts below had applied their mind to the factual and legal aspect of the case and had given cogent reasons in support of the conclusion arrived at by them and no material mis-reading or non-reading of evidence was pointed out, interference in revisional jurisdiction has always been declined. (c) Pleadings--- ----Written statement could not be considered as evidence. THIS…

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