Law:

Section:

Specific Relief Act (I of 1877)------Ss. 8 & 9---Constitution of Pakistan (1973), Art.199---Application for re-hearing of constitutional petition---Applicant had sought re-hearing of constitutional petition decided by High Court in factual background---Appellate Court below had dismissed civil revision filed against a decree passed in a suit filed under S.9 of Specific Relief Act, 1877 on sole ground that a revision in such a matter lay only to the High Court---Plea of applicant was that revision was not competent at all before Appellate Court below or even before High Court because at time when Specific Relief Act, 1877 containing S.9 was promulgated, Code of Civil Procedure 1908, was not in existence and no revisional power was available to any Court and that since S.9 of Specific Relief Act, 1877 had itself provided alternate remedy by way of a suit under S. 8 of the said Act, availability of said remedy would constitute a bar to exercise of revisional jurisdiction---Validity---Specific Relief Act was promulgated in 1877 and Code of Civil Procedure initially was promulgated in 1859 and that was followed by Code of Civil Procedure, 1877, thereafter Code of Civil Procedure, 1882 was enacted and finally present Code of Civil Procedure was brought on statute book in 1908---First Civil Procedure Code of 1859, was amended in 1861, to add S.35 conferring revisional powers on High Court which provision was re-enacted in 1877 and further in 1882 finally in 1908---Revisional jurisdiction, in circumstances was very much in existence when Specific Relief Act, 1877 containing S.9 was promulgated, contention of applicant, therefore, was without any basis---Section 115, C.P.C. was to operate on its own terms---Once conditions laid down in subsection (1) of S.115, C.P.,C. were satisfied High Court and District Court could make such order in the case as it would think fit provided the amount or value of subject-matter, ,would not exceed the limits of Appellate jurisdiction---Section 9 of Specific Relief Act,' 1877 clearly provided that no appeal would lie from any order or decree passed in a suit filed under said section and no review would be allowed---Application filed…

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