Law: Civil Procedure Code (V of 1908)

Section: 115

  Civil Procedure Code (V of 1908)--- ----S.115---Revision---Jurisdiction of District Court to hear---District Court could hear revision under S.115, C.P.C., if moved before it. 1992 CLC 1904 ref, Civil Procedure Code (V of 1908)-- ----O.VII, R.11 & S.115---Revisional jurisdiction, exercise of---Essentials-- Where Trial Court had exercised jurisdiction not vested in it by law; or had failed to exercise jurisdiction so vested in it; or where jurisdiction vested in it was exercised illegally or with material irregularity, provisions of S.115, C.P.C. would be attracted---Where Trial Court, on application for rejection of plaint had ordered framing of issues and recording evidence in order to decide such application same was neither illegal nor irregular but was fair exercise of jurisdiction by it and there was nothing wrong with such order---Point of limitation also prima facie was not attracted for rejection of plaint---Revision was not competent against order in question, in circumstances. Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Principles for exercising revisional jurisdiction under S. 115, C.P.C. stated.b   Miss Afroze Ihsan Haq for Applicants. Abdul Sattar for Respondent No. 1. Miss Hafiza Usman, holding brief for Latifur Rehman Khan Servery for Respondents Nos. 3 and 4. O1R.DER By this application, the learned counsel for the applicants wants that value of the subject-matter may be assessed by City Surveryer in order to find out the pecuniary jurisdiction of the trial Court. This application should be moved before the trial Court and the trial Court may decide the same on merits. This application is disposed of as such. The contention of the learned counsel for the applicant, inter alia, is that the valuation shown in the plaint makes the value of the suit at more than Rs.30 lacs and, therefore, on this ground the plaint should have been rejected on the application under Order 7, Rule 11, C.P.C. The next contention of the learned counsel for the applicant is that the suit itself is time-barred and such contention in the application under Order 7, Rule 11, C.P.C. has been rejected arbitrarily. Learned counsel for the…