Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: XXXVII,1,2

(a)    Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr. 1 & 2---Constitution of Pakistan, Art. 199---Suit for recovery decreed---Execution application also allowed---Defendant then assailing decree by way of filing constitutional petition---Maxim ubi jus ubi remedium ---Principle of exhaustion of remedies---Scope---Term adequate remedy ---Scope---Petitioner /defendant impugned judgment and decree passed in a summary suit under O.XXXVII, Rr. 1 & 2, C.P.C., 1908, against which an appeal laid to the High Court, within thirty days of the passing of a judgment---The legal maxim ubi jus ubi remedium (wherever there is a right, there is a remedy) establishes a fundamental legal principle, affirming that an individual has a lawful entitlement to a concomitant recourse to initiate legal proceedings in a court unless the court's jurisdiction is precluded---According to the rule of jurisdictive prudence, the courts usually show restraint with the directions to the parties first to take the recourse of an alternate and / or equally effective mechanism and framework of remedy provided, rather than to take departure to surpass or circumvent such remedy---Goal behind adopting said remedies is to constrain issues falling within the jurisdiction of an appellate court to be solely adjudicated before that forum--Any endeavor to bypass or evade these designated forums is deemed impermissible, as mandated by the provisions of Art.199(1) of the Constitution--Where an adequate forum available to the petitioner in the shape of an appeal is not exhausted, the principle of exhaustion of remedies imposes a restriction on a litigant, prohibiting him from seeking a remedy in the constitutional jurisdiction--The exceptional jurisdiction conferred by Art.199 of the Constitution is fundamentally designed to provide a specific remedy when the illegality and impropriety of an action by an Executive or other Governmental authority can be demonstrated without protracted inquiry---The term adequate remedy denotes a remedy that is effective, attainable, accessible, advantageous, and expeditious--Petitioner had an effective remedy for filing an appeal, but he missed…