Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Civil Procedure Code (V of 1908) S, 115---Revisional jurisdiction-Additional District Judge re versing finding of trial Court on point of fact giving reasons to his judgment -Reversal, held, cannot by itself attract provisions of S. 115, C. P. C ---Conclusion arrived at by. Additional District Judge, held Further, cannot interfered with by High court while exercising revisional jurisdiction such jurisdiction being invocable against orders of subordinate Court perverse in nature.--[Revision (civil)]. (b) Civil Procedure Code (V of 1908)  S. 115Revision --Contention regarding failure to give proper opportunity to defend ---Petitioner having not taken up such plea in his pleadings cr led any evidence in support thereof, con tention, held, not of much substance. (c) Maxim  Audi alteram parteni-- Petitioner using unfair means in examination, taking inconsistent stands at tune of recovery of objectionable material and at time of submission of written explanation before Discipline Committee in reply to charge-sheet --Held : Petitioner not entitled to invoke principle embodied in maxim and could not plead having not beets afforded proper opportunity to meet charge brought against him. Date of hearing : 15th September, 1979.                                                                                                                       JUDGMENT Muhammad Amjad, petitioner was found guilty of having used unfair means in the Intermediate Examination of the Board of Inter mediate and Secondary Education, Lahore held in Autumn 1978 as on 28th January, 1978, a chit containing objectionable material was discover ed from under his answer book by the Inspector of the Inspection Com mittee who paid a surprise visit to the Examination Hall in Islamia High School, Bhati Gate, Lahore where the petitioner was solving his paper. The petitioner was served with a charge-sheet by…