Law:

Section: 115

  Civil Procedure Code (V of 1908), S. 115 read with S. 3 and West Pakistan Family Courts Act (XXXV of 1964), S. 17-- Words "subordinate Court", in S. 115, C. P. C.---Meaning --Object of Family Courts Act---Orders passed by a Family Court-- Held, not revisable by High Court under S. 115, C. P. C. The words "subordinate Court" in section 115 of the Code of Civil Procedure ought to be understood in the sense given to them in section 3, otherwise the words "for the purposes of this Code" would be rendered useless. Since section 3 is enacted for the purposes of the Code and deals with all tile civil, Courts and their subordination to one another, the inference appears to be irresistible that no Court other than that mentioned in it can be said to be subordinate to the High Court within the meaning of section 115 of the Code of Civil Procedure. A Court which is inferior in rank to the High Court is treated as subordinate to it for purposes of exercise of revisional jurisdiction only if it has been declared subordinate to it by a statutory provision. The object of the Family Courts Act is to provide a speedy method of settling family disputes and if orders of interlocutory character are to be brought to the High Court, this object would be defeated. Under the provisions of the Act the Family Court is subordinate to the High Court if it is presided over by a person who is or has been District Judge or an Additional District Judge and to the District Court in any other case, vide section 14 of the Family Courts Act. But merely because of this subordination to the High Court it does not automatically follow that the orders passed by such a Court become revisable by the High Court. The revisional power is contained in section 115 of the C. P. C. However, by virtue of section 17 of the Act, the application of the provisions of the Code of Civil Procedure are excluded, except for certain limited purposes which are specified in the Act. Moreover, the Civil Procedure Code does not, as provided in section 4 override any special or local law. The provisions of section 17 of the Family Courts Act must, therefore, be given their full effect…