Case Details

Citation(s)
2000 SLG 1992 2000 SLD 1992 2000 CLC 1322
Lahore High Court
Civil Revision No. 1334 of 1999, decision dated: 11-04-2000. dates of hearing: 4th and 7-04-2000
KARAMAT NAZIR BHANDARI, J
Dr. M. Mohi-ud-Din Qazi for Petitioner. Hafiz Khalil Ahmad for
Respondent No. 1

VS

QAISER IQBAL, and another

Law:

Section:

Specific Relief Act (I of 1877)-------S. 42---Punjab Board of Intermediate and Secondary Education Act (XIII of 1976), S.29---Civil Procedure Code (V of 1908), S.115---Suit for declaration---Jurisdiction of Civil Court---Suit for declaration to the effect that plaintiff was entitled to issuance of certificate from the Board of Education indicating that plaintiff had not only passed in other subjects, but in subject of Model Drawing also was decreed by Civil Court and the decree was upheld in appeal by Appellate Court---Decree passed by Civil Court affirmed by Appellate Court was without Jurisdiction as S.29, Punjab Board of Intermediate and Secondary Education Act, 1976 had taken away the .jurisdiction of Court to question the act done, order made or proceedings taken by Board of Intermediate and Secondary Education---Such a Jurisdiction could not be assumed by ignorance of law, but it had to be there and it was duty of Court to be aware of provision of law touching its jurisdiction---Irrespective of the fact whether objection to jurisdiction had been taken or not it had to be given effect by the Court---To examine Jurisdictional error and any excess committed being the purpose of revisional jurisdiction, and decree passed by Courts below having no jurisdiction to pass the same were set aside by High Court in exercise of its revisional jurisdiction. JUDGMENT This revision is directed against the Judgment of the learned Civil Judge, dated 24-9-1998 as upheld by learned District Judge, Khushab on 7-6-1999 by which judgments the suit of respondent No. I was decreed. This respondent has brought a suit for declaration that he was entitled to the issue of certificate from the petitioner indicating that the respondent has not only passed in other subjects but in the subject of Model Drawing also. 2. Respondent No. l appeared in the Matriculation Examination conducted by the petitioner in the year 1992 but failed in, the subject of Genera? Science. His case is that by addition of grace marks he had passed the Matriculation Examination, but this is seriously contested by the petitioner Board. In the year 1995, he submitted forms for clearance of not only the subject of…
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