Law: Civil Procedure Code (V of 1908)

Section: 109,110,114

(a) Civil Procedure Code (V of 1908), Ss. 109 & 110¬Leave to appeal to Supreme Court on plea not raised in appeal-Not allowed-Constitution of Pakistan, Article 158. (b) Civil Procedure Code (V of 1908),-Whether Code applies to High Court in exercise of its Original as well as Appellate jurisdiction-Civil Procedure Code (V of 1908), Ss. 16, 17, 20 and 129. The Code applies to a High Court in exercise of its Original as well as Appellate jurisdiction except (1) that sections 16, 17 and 20 do not apply to the Original. jurisdiction and (2) that the application of the Code to Original jurisdiction is subject to any rules framed by the High Court under section 129. (c) Civil Procedure Code (V of 1908), S. 114 Clauses (a) and (b)-Application. The words "allowed by this Code" apply only to the appeal, i.e., where an appeal is provided by the Code, against the decree or order of which review is sought. Section 114, clause (b) does imply that an appeal is prohibited by the Code and it cannot apply to every case where an appeal is not provided by the Code. (d) Civil Procedure Code (V of 1908), S. 114-Scope. The Code does not provide for appeals only against such decrees or orders as are assed in the exercise of the jurisdiction conferred by the Code. Decrees passed in Letters Patent Appeals are apparently examples of such a kind of a decree. The juris-diction to hear these appeals is conferred by the Letters Patent, yet it is not even possible to argue that an appeal against a decree or order passed in an appeal under the Letters Patent does not lie to the Supreme Court by virtue of the provisions of the Civil Procedure Code. Sections 109 and 110 provide for cases where an appeal will and where it will not lie. The obvious intention of section 114 is that in every case where an appeal is provided or is not provided by the Code the decree or order should also be subject to review i.e., the provisions as to appeal and review apply simultaneously although the filing of the one excludes the filing of the other. A decree or order as mentioned in section 114 means a decree or order as defined in the Code, but sections 109 and 110 also refer to a decree or order and if a…

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