Law: Conciliation Courts Ordinance, 1961

Section: 3(2)(c)

Law: Civil Procedure Code (V of 1908)

Section: 47

Law: Provincial Small Cause Courts Act (IX of 1887)

Section: 25

  (a) Conciliation Courts Ordinance (XLIV of 1961) S. 3(2)(c)-Jurisdiction-"Public corporation"---Not same as. company registered under Companies Act, 1913-Company so regis tered-Not excluded from jurisdiction of conciliation Court. (b) Civil Procedure Code (V of 1908) S. 47-Executing Court-----Cannot go behind decree-Nor can entertain objection as to its validity on ground of its being obtained by fraud or being a nullity for any other reason. It is well established that an execution Court cannot go behind the decree and, if it is claimed that the decree is wrong or even that it is fraudu lent or for any other reason a nullity the execution Court cannot entertain any such objection. S. A. Latif v. Nadir Khan P L D 1968 Lah. 144 ref. (c) Provincial Small Causes Court Act (IX of 1887) S. 25-Revision-Section 25 does not authorise High Court to exercise jurisdiction not vested in Small Cause Court itself. There is nothing in section 25 which warrants the proposition that the High Court can exercise a jurisdiction not vested in the Small Causes Court itself and indeed, even on principle, interference by an appellate or a revisional Court must be confined to passing such orders as are within the jurisdiction of the original Court itself. Date of hearing: 7th November 1973.                                                                                                                                           JUDGMENT This revision application which is by a judgment-debtor under section 25 of the Small Causes Court Act arises in these circumstances. According to the petitioner on the 11th of December 1968, it was served with a show cause notice issued by the Court of Small Causes at Karachi, in execution proceedings bearing No. F. C. D. 239 of 1968. Before that date the petitioner company claims that it had no…