Law:

Section:

Civil Procedure Code (V of 1908)--- ----OXVI, R.1 & S. 115---Constitution of Pakistan (1973), Art, 199---Exercise of Constitutional jurisdiction against revisional orders passed by Courts--­Essentials---Trial Court allowing plaintiff to summon official witnesses through Court, although names of such witnesses were not mentioned in list of witnesses---Validity---Trial Court's order to summon such witnesses was affirmed in revision---Exercise of Constitutional jurisdiction against revisional order has to be exercised in very rare and exceptional circumstances. In the present case Constitutional petition had been filed against an order passed in revision by the Additional District Judge. Revisional jurisdiction of the District Court was concurrent with that of the revisional jurisdiction of High Court. Although in certain situations a Constitutional petition was competent against revisional order, yet exercise of Constitutional jurisdiction against revisional order had to be exercised in very rare and exceptional circumstances only when it could be said that the order passed by the revisional Court had been passed without lawful authority. Interim orders like granting permission to summon the witnesses which were of a discretionary nature and which had been passed to advance the cause of administration of justice could not be said to have been passed without a lawful authority. Trial Court had the jurisdiction to pass ,the order in exercise of its jurisdiction. No arbitrariness or perversity m passing of the said orders had either been alleged or proved. Mainly because a name of the witness was not mentioned in the list of the witnesses was not a ground to urge that the trial Judge would cease to have jurisdiction to summon the official witness through Court, particularly, when there was no other mode for summoning of the official witness except through the assistance of Court. Even otherwise, fragmentary decisions of interim nature could not be challenged in Constitutional jurisdiction. Petitioner would have a right to raise all the objections available under the law against interim order after the main lis was decided. Hence it could not be said that it was…

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