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PLD 1982 Lahore 363

JODHA vs ADDITIONAL DISTRICT JUDGE, SHEIKHUPURA AND 32Other

CitationPLD 1982 Lahore 363
CourtLahore High Court
Case No.Writ Petition No. 463 of 1982
Date1982-02-15
Judge(s)Muhammad Ilyas
ResultPetition dismissed

ORDER

This writ petition is directed against the judgment and decree of an Additional District Judge whereby he had disposed of an appeal on the basis of special Oath.

2. Prior to the making of this constitutional petition the petitioner, Jodha, had filed a revision petition (Civil Revision No. 1469 of 1980) before this Court which was dismissed by my learned brother Lehrasap Khan, J. On 21st November 1981. All the pleas which have been advanced in the instant petition could be raised by the petitioner in the civil revision and it appears that, by and large, this was done by him. Learned counsel did not cite any authority for the proposition that even after this Court had dismissed his revision petition against the impugned order, the petitioner could invoke the constitutional jurisdiction of this Court to assail that order. As ruled in Muhammad Husain Munir and others v. Sikandar and others PLD1974SC139, the constitu--tional jurisdiction of this Court, having regard to its nature or content, is assimilable to its jurisdiction under section 115, Civil Procedure Code. To allow a party, who has unsuccessfully challenged an order by invoking revisional jurisdiction of this Court, to attack the same order by means of a writ petition would, 'in my humble opinion, amount to the abuse of process of law and would tend to prolong final determination of civil disputes which, in most of the cases, take a number of years before they are finally settled. The petitioner in this case has already availed of an adequate remedy, before this Court, and I am, therefore, not inclined to entertain the writ petition in hand. It is, accordingly, dismissed in limine.

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