Law: Code Of Civil Procedure, 1908.

Section: 12(2),115,151,

    Case Summary Case: Al Kabir Town (Pvt.) Ltd. v. Muhammad Azam & others Case No.: W.P. No. 42647 of 2026 Court: Lahore High Court, Lahore Judge: Justice Muzamil Akhtar Shabir Decision Date: 13.07.2026 Summary The petitioner challenged the order of the Additional District Judge, Lahore, who converted a time-barred appeal into a civil revision and suspended the trial court's ad-interim injunction. The trial court had temporarily suspended the operation of a 2006 decree while deciding an application under Section 12(2) CPC seeking to set aside that decree. The petitioner argued that a civil revision under Section 115 CPC was not maintainable against a purely ad-interim interlocutory order because such an order is not a "case decided" and lacks finality. The High Court observed that the issue of maintainability and jurisdiction should first be decided by the Revisional Court itself before any constitutional jurisdiction is invoked. The Court held that the constitutional petition itself was premature because the revision petition was still pending and no final order had been passed. Instead of deciding the maintainability issue, the High Court directed the Additional District Judge to first determine whether the revision petition was maintainable against the ad-interim order within 15 days and, if maintainable, to decide the revision expeditiously. Meanwhile, the parties were directed to maintain the existing status regarding the suit property. Core Legal Principle A revision under Section 115 CPC is not maintainable against an ad-interim interlocutory order that does not amount to a "case decided." Jurisdiction and maintainability must first be determined by the forum whose jurisdiction is challenged before approaching the High Court under Article 199 of the Constitution. Constitutional jurisdiction should not ordinarily be exercised against interlocutory orders when an effective remedy is available before the subordinate court. Relevant Law & Sections Article 199, Constitution of the Islamic Republic of Pakistan, 1973 Section 12(2), Code of Civil Procedure, 1908 (CPC) – Setting aside judgment/decree obtained by…