Pakistan Case Law
1982 SCMR 370

ABDUL SATTAR vs Syed RAZI HUSSAIN ETC.S

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Citation1982 SCMR 370
CourtSupreme Court of Pakistan
Case No.Civil Petitions for Special Leave to Appeal Nos. 551 and 552 of 1981
Date1981-10-30
Judge(s)Nasim Hasan Shah, Karam Elahi Chauhan
ResultLeave granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns two Civil Petitions for Special Leave to Appeal challenging the exercise of revisional jurisdiction by the High Court. The core legal question addressed is whether the High Court exceeded its scope of authority under Section 115 of the Code of Civil Procedure 1908 by setting aside the concurrent findings of two lower courts that did not suffer from any jurisdictional error. The Supreme Court, upon reviewing the initial stay order and the submissions of counsel, determined that the High Court's interference with the lower courts' orders was potentially improper as those orders did not exhibit the jurisdictional defects required for intervention under the statute. Consequently, the Court granted leave to appeal to examine the limits of the High Court's revisional powers. The principle laid down emphasizes that the High Court's revisional jurisdiction is strictly confined to cases involving jurisdictional errors, and it cannot interfere with lower court findings simply based on disagreement, provided those courts acted within their legal competence.

Questions settled in this judgment
  • Does the High Court exceed its jurisdiction under Section 115 of the Code of Civil Procedure 1908 when it interferes with concurrent findings of lower courts that do not suffer from jurisdictional errors?
  • Under what circumstances can the Supreme Court grant leave to appeal against an order passed by the High Court in exercise of its revisional jurisdiction?
Laws & provisions referred
  • Section 115, Code of Civil Procedure 1908
revisional jurisdictionscope of revisionjurisdictional errorleave to appealcivil procedure

ORDER

1. KARAM ELAHEE CHAUHAN, J.-This order will cover Civil Petitions for Special Leave to Appeal Nos.

2. 551/81 and 552/81.

2. Civil Petition for Special Leave to Appeal No. 551/81 came up for a stay matter on 6-5-1981, when the Court passed the following order: - "Learned counsel submits that the High Court exceeded the scope of section 115, C. P. C. While upsetting the orders of the two lower Courts which did not suffer from any error of jurisdiction as con--templated in the aforesaid section. Status quo and further proceeding stayed meanwhile.

3. The petition should be put up for motion hearing immediately after vacations before any bench."

4. For the reasons given in the above order we grant leave to appeal. Security Rs. 2,000 in each case.

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