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1979 CLC 530

TAJ DIN vs NUR HUSSAIN AND ANOTHER

Citation1979 CLC 530
CourtLahore High Court
Case No.Civil Revision No, 103 of 4979
Date1979-04-27
Judge(s)Aftab Hussain
ResultPetition dismissed

' This petition has been filed to challenge a revisional order passed by Mr. Mohammad Afzal Sohail Additional District Judge, Sheikhupura.

2. This petition is barred by section 115, C. P. C. Since a second revision petition does not lie before the High Court. The learned counsel for the petitioner argues that the learned Additional District Judge was exercising appellate jurisdiction since the order of the Executing Court dated 27-7-1978 was an appealable order.

3. The facts are that according to the petitioner the respondents could take possession of the property after the 31st of July 1973 but they obtained possession on 31st of 'July 1973. The petitioner, therefore, applied for restoration under section 144/151, C. P. C. It may be stated that the order of ejectment has not so far been varied or reversed although a second appeal from the order is still pending in the High Court. The learned Civil Judge held that even if section 144, C. P. C. Was not applicable, he could pass an order of restoration under section 151, C. P. C. The respondents filed a revision petition against this order which was allowed by the learned Additional District Judge who set aside the order of the Executing Court. In these circumstances it was urged that the order of the Executing Court should have been treated to have been passed under section 144, C. P. C.

3-A. This argument is without substance since section 144 can apply only if a decree of the Court is varied or reversed. As stated above it is clear that the order of the appellate Court by which the possession was directed to be delivered by a particular date has not been varied or reversed. I, therefore, agree with the argument of the learned counsel for the respondents that the A order of restitution should be treated to have been passed, as it was actually passed, under section 151, C. P.

C. And an order passed under that section is revisable. The Additional District Judge was thus clearly exercising the revisions jurisdiction.

4. Even otherwise if the learned Additional District Judge says that he is exercising revisional jurisdiction though the order before him may be appealable, the High Court cannot set aside the said order under section 115. It is a different matter that it may be set aside in exercising jurisdiction under Article 199 of the Constitution.

5. The petition is, therefore, not competent and is dismissed with costs.

Cited by 1 case

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