Law:

Section:

Civil Procedure Code (V of 1908)--S. 115---Constitution of Pakistan (1973), Art. 185(3)=--Application for summoning of a Handwriting Expert during pendency of suit---Nature of Trial Court's order on the application was such that prima facie it did not constitute "a case decided"---Unless order passed by Court is "a case decided" High Court has no jurisdiction to deal with such matter in its revisional jurisdiction---High Court's order in question, in exercise of its revisional jurisdiction being without jurisdiction and not warranted was set aside in circumstances---Petition for leave to appeal was converted into appeal and â-žallowed. ORDER MUHAMMAD AFZAL ZULLAH, CJ.---Leave to appeal having been sought against the acceptance by the High Court of respondents' Civil Revision which had arisen out of an interlocutory order passed in a pending suit, at a preliminary hearing; after hearing the learned counsel for the respondents on the legal point involved, this petition was converted into appeal. Now it has been heard as an appeal. 2. The petitioners/plaintiffs' side during the pendency of their suit for specific performance of contract applied for the summoning of a handwriting expert. This application, it has been assumed, was allowed by the order impugned before the High Court in its revisional jurisdiction. The nature of this order is such that prima facie it did not constitute "a case decided". It was doubtful whether the application was at all allowed because the learned trial Judge had also observed that in the…

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