Law: Civil Procedure Code (V of 1908)

Section: 115

  Civil Procedure Code (V of 1908)--- ----S. 115---District Court dismissing revision on merits under provision of 5.115(2), C.P.C.---Exercise of jurisdiction by High Court under provision of S.115(4), C.P.C. whether barred---District Court having dismissed revision under provisions of S.115(2), no proceedings in revision would be entertained by the High Court against such order of dismissal---Bar of jurisdiction contained in S.115(4), C.P.C. would be applicable in circumstances. Civil Procedure Code (V of 1908)--- ----OXLVII, R.1 & S.115---Review of order passed by District Court in revisional jurisdiction---Application under provisions of O.XLVII, R.1, C.P.C. having been made for review of order passed by District Court in revisional jurisdiction, order on such application would too be in exercise of revisional jurisdiction and covered by provisions of S.115(4), C.P.C.---High Court would refrain to exercise revisional jurisdiction in circumstances. Muhammad Rafique v. Mst. Rashida Begum 1979 C L C 823 rel. Manager, Jammu & Kashmir, State Property in Pakistan v. Khuda Yar and another P L D 1975 SC 678 and Mando etc. v. Muhammad Umar and others 1982 C L C 284 ref. Civil Procedure Code (V of 1908)--- ----S. 115(4)---Object and scope of provision of S.115(4), C.P.C.---Where revision had already been preferred before District Court and order thereon passed by that Court, no further revision against such order would be competent before High Court. Hassan Din v. Abdus Salam P L D 1991 SC 65 and Noor Muhammad v. Sarwar Khan and others P L D 1985 SC 131 ref. Civil Procedure Code (V of 1908)---   ----S. 115---Constitution of Pakistan (1973), Art.199---Conversion of revisional petition -into a Constitutional petition---Petitioner's request for treating revisional petition as a Constitutional petition, was declined by High Court in circumstances of case and the fact that court-fee required to be paid for Constitutional petition had not been paid ---Revisional petition was dismissed as not maintainable. Nizam Ahmed for Applicants. M.G. Dastgir for Respondent No.l. G.R. Abbasi for Respondent No.2. Date of hearing: 16th December, 1990. JUDGMENT This…