Law: Civil Procedure Code (V of 1908)

Section: O. VII, r. 11

(a) Civil Procedure Code (V of 1908)- -- O. VII, r. 11 and Constitution of Pakistan !1973), Art. 199-Writ jurisdiction, scope of-Contention that order of extension of time for making good deficiency being not a speaking order hence no order-Held, High Court under Art. 199 not exercises appellate powers--Confines only to determining whether Tribunal concerned possessed jurisdiction or whether it transgressed limits of its lawful authority-Decision of subordinate forums cannot be interfered merely because of wrong decision.-[Court fee]. In, exercise of its writ jurisdiction High Court confines itself to determining whether the Tribunal concerned was possessed of the jurisdic tion to go into the issues before it and whether in doing so it transgressed the limits of its lawful authority It is also well established that in the exercise its constitutional jurisdiction High Court will not interfere with the decision of subordinate forums merely because in its opinion the decision is wrong, for where there is jurisdiction to decide a particular matter, then the mere fact that the decision may be wrong does not render the decision without Jurisdiction, Where a subordinate forum is possessed of jurisdiction and then: is material on the record sufficient to sustain the impugned order High Court will not interfere. Ghulam Mohi-ud-Din, v. Chief Settlement Commissioner P L D 1964 S C 829 ; M. Ejahar Ali v. Government of East Pakistan P L D 1970 S C 173 ; Abdul Qadir v. Presiding Officer P L D 1975 Lab. 44 ; Dr. Muhammad Ismail v. Deputy Commissioner P L D 1976 Lab. 758 ; Nawab Syed Raunaq Alt v. Chief Settlement Commissioner P L D 1973 S C 236 ; Muhammad Hussain Munir v. Sikandar P L D 1974 S C 139 ; Badarul Hag Khan v. Election Tribunal, Dacca P L D 1963 S C 704 ; Muhammad Asghar v. Saia Begun P L D 1976 S C 435 ; Begum Wazir Ahmad v. Niaz Begum P L D 197E S C 214 arid Sudiq Hussain Qureshi v. Federa tion of Pakistan P L D 1979 Lah. 1 ref. (b) Civil Procedure Code (V of 1908)---- -- O. VII, r. II--Maxifn: Actus curiae nemonim gravabit--Court -fee, deficiency of Specific ordex of Court existing showing deficiency in court-fee having been made good-Petitioners later…