2026 CLC 895

MOHAMMAD ISHFAQ AHMED Versus MOHAMMAD FAROOQ

Citation2026 CLC 895

CourtHigh Court of Azad Jammu and Kashmir

Judge(s)Syed Shahid Bahar

SYED SHAHID BAHAR, J.--- The captioned appeal has been directed against the order passed by the learned Additional District Judge Mirpur dated 29.10.2020, whereby, while setting aside the order passed by the learned Civil Judge Court No. II Mirpur dated 13.11.2019, application filed by the plaintiffs for seeking amendment was allowed. Order passed in revisional jurisdiction by the learned Additional District Judge is under challenge before this Court in shape of civil appeal.

2. Today, when the case was taken up for arguments, the learned counsel for the respondents voiced a preliminary objection pertaining to maintainability of the appeal. He vehemently contended that appeal is not competent against the order and it could have been assailed by filing a constitutional petition only.

3. Be that as it may, an order passed by the District Judge in revision is not appealable and under C.P.C., the only remedy available to the appellant is a constitutional petition field under Article 44 of the Azad Jammu and Kashmir Interim. Constitution. Section 104, C.P.C. and Order XLIII Rule 1 clearly listed orders against which appeals are permissible, thus, an order passed in revision is not mentioned anywhere. Clear enough that order impugned passed in revisional jurisdiction is neither an order appealable under Order XLIII Rule 1, C.P.C. nor a decree or an order appealable under Section 104, C.P.C. Appeal only lies when it is expressly provided in the law. Law recognize only such lis which is provided in the codal scheme and specifically listed the relevant law.

(emphasis supplied)

Leaving aside the factual matrix of the lis, no appeal lies against an order passed by the learned District Judge in revision, remedy provided in the law is only the writ 1 .

Aftermath of the above is that the appeal is not competent, fails, therefore, dismissed. File shall be kept in archive.

MQ/1/AJK(HC) Appeal dismissed.

1 M. Aslam v. District Judge PLD 2003 SC 344, 2004 SCMR 1110+2019 YLR 1559 (L)+PLD 2001 SC 49.