Law:

Section:

(a) Constitution of Pakistan (1973)--- Art.199 . Constitutional jurisdiction of High Court Scope ¬Statutory remedy, availability of Effect If remedy of appeal is available to a party under statute, the Constitutional .jurisdiction of High Court under Art. 199 of the Constitution cannot be invoked without availing such statutory remedy Remedy of Constitutional petition cannot be allowed to be availed as substitute of appeal High Court, in normal circumstances, should not entertain Constitutional petition, if an alternate remedy under the relevant statute is available to a party Such rule does not , create bar of jurisdiction rather it regulates the Constitutional jurisdiction of High Court and thus in exceptional circumstances, High Court may exercise its Constitutional, jurisdiction in a matter in which statutory remedy of appeal or revision as the case may be, was available but could not be availed Order impugned in Constitutional petition, if is a void order or it has been passed without lawful jurisdiction, the non availing of alternate remedy of appeal, review or revision against such order would not debar High Court to proceed in Constitutional jurisdiction and declare such order as without lawful authority Rule that High Court should not entertain Constitutional petitions and adjudicate the matter in its Constitutional jurisdiction in which remedy of appeal, review or revision is available under the statute, is not an absolute rule and in exceptional cases the strict observance of the rule that extraordinary remedy of Constitutional petition cannot be availed fn a matter in which relief being sought under Art. 199 of the Constitution could be granted by way of appeal, review or revision may cause injustice in substance, therefore, application of such rule would depend on the facts and circumstances .of each case. (b) Constitution of Pakistan (1973) Art.199 Constitutional petition Laches Limitation Distinction ¬Principles No exception to the rule that delay in seeking remedy of appeal, review or revision beyond the period of limitation provided under the statute, in absence of reasonable explanation, cannot be condoned and in the same manner if remedy of…

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