Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Punjab Boards of Intermediate and Secondary Education Act, 1976

Section: 29, 31

(a) Civil Procedure Code (V of 1908) S. 115‑‑‑Revision‑‑‑Question of law‑‑‑Bar of jurisdiction‑‑‑Raising plea of want of jurisdiction first time at revisional stage‑‑ Validity‑‑‑Bar of jurisdiction of Civil Court was a legal issue and the jurisdiction could not be conferred on a Court by not pressing the same‑‑‑Issue of jurisdiction could be agitated at any stage and level of the proceedings. (b) Interpretation of statutes Expression used in any statute‑‑ Construction‑‑‑ Principle‑‑‑ Where an expression or a word is capable of a limited as well as a wide sense, only that sense should be assigned to it which is in accord with the spirit and meaning of the section in which it is used and not inconsistent with those of the other provisions of the Act. AIR 1930 All. 224 and M.C., Gujranwala v. Ghulam Mustafa PLD 1958 Lah. 31 ref. (c) Punjab Board of Intermediate and Secondary Education, Act (XIII of 1976) Ss.29 & 31‑‑‑Bar of jurisdiction of Civil Court‑‑‑Scope‑‑‑Jurisdiction of Civil Court is ousted, when the action is in pursuance of the provisions of Punjab Board ‑of Intermediate and Secondary Education Act, 1976‑‑‑Where the action was not strictly in accordance with the relevant provision but only purported to be in accordance therewith, the jurisdiction of Civil Court is excluded under S.31 of Punjab Board of Intermediate and Secondary Education Act, 1976. Board of Intermediate and Secondary Education, Lahore through Secretary v. Mst. Sobia Chand 1999 CLC 1166 ref. (d) Punjab Board of Intermediate and Secondary Education Act (XIII of 1976) Ss. 29 & 31‑‑‑Civil Procedure Code (V of 1908), S.115‑‑‑Bar of jurisdiction of Civil Court‑‑‑Age of candidate, correction of‑‑ Raising of new plea at revisional stage‑‑ Candidate having been unsuccessful before the Board, filed civil suit for correction of her age‑‑‑Suit was decreed by the Trial Court and the appeal was dismissed by the Appellate Court‑‑‑Petitioner/Board raised the plea of bar of jurisdiction of Civil Court in revision first time before High Court‑‑‑Validity‑‑‑In absence of any allegation with regard to mala fides and lack of good faith on the part of Authorities, the jurisdiction of Civil Court was…