Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,Rr.1,2,S.9,115

Law: Constitution of Pakistan, 1973

Section: 212

(a) Civil Procedure Code (V of 1908) O. XXXIX, Rr. 1, 2 & S. 115 Revisional jurisdiction of High Court Scope High Court has limited jurisdiction in revision and can interfere only with orders of lower Courts where they had exercised jurisdiction not vested in them by law or had failed to exercise jurisdiction so vested or had acted in exercise of their jurisdiction illegally or with material irregularity None of such conditions were attracted to justify interference by High Court where Courts below had granted interim injunction on basis of prima facie case in favour of plaintiff as also balance of convenience Plaintiff was likely to suffer irreparable loss/injury if injunction was refused Courts below had followed principles for grant of injunction, thus, warranting no interference in revision. 1987 CLC 393; PLD 1988 Kar. 401; 1991 MLD 824; 1993 MLD 2138; 1993 MLD 2158; PLD 1970 SC 139; 1986 SCMR 1950; 1(194 SCMR 163; 1993 MLD 2158; 1991 MLD 824; PLD 1959 SC 25; 1985 SCMR 1753; 1996 PLC 552; PLD 1988 Lah. 658; PLD 1984 SC 157; 1992 ALD 523; PLD 1978 SC 220; 1993 SCMR 1232; 1982 SCMR 738; 1992 CLC 201; 1988 CLC 514; 1982 SCMR 938; PLD 1977 Kar. 101; 1984 SCMR 504; PLD 1983 Lah. 152; 1986 CLC 2671; 1980 SCMR 588; PLD 1983 Lah. 365; PLD 1983 Lah. 307; PLD 1983 Lah. 371 and 1994 SCMR 973 ref. (b) Civil Procedure Code (V of 1908) Ss. 9 & 115 Constitution of Pakistan (1973), Art. 212 Jurisdiction of Civil Court in matter relating to correction of date of birth of civil servant Effect of Art. 212 of the Constitution Dispute relating to entry in service record would not come within definition of terms and conditions of service, therefore, Civil Court being Court of ultimate jurisdiction could entertain such suit Legal remedy for aggrieved person should be certain and. known so that he could approach correct forum Where Department concerned did not correct entry relating to date of birth and plaintiff had relevant documents to show that his date of birth was wrongly recorded in his service book, Civil Court would have jurisdiction to entertain suit for correction of date of birth and to grant status quo in such matter None of conditions provided in S. 115,…

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