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1986 CLC 2795

MUHAMMAD NAZEER And Others vs ADDITIONAL DISTRICT JUDGE And OTHER

Citation1986 CLC 2795
CourtLahore High Court
Case No.Writ Petition No. 3892 of 1985
Date1986-03-11
Judge(s)Muhammad Afzal Lone
ResultPetition accepted

The learned Civil Judge's order, dated 19-3-1984 was called in question by the petitioners through a revision which was not entertained by the learned Additional District Judge on the ground that the order did not amount to a case decided within the meaning of section 115, C.P.C.

2. A reference to Bashir Ahmad v. Qaiser Ali Khan PLD 1973 SC 507 will provide that such an order can be subjected to revisional jurisdiction. It being so, the learned counsel for the contesting respondents did not have much in defending the impugned orders.

3. This writ petition is, therefore, accepted, impugned order declared to have been passed without lawful authority and is of no legal effect. Consequently the petitioner's revision shall be treated as pending and to be disposed of afresh in accordance with law, within a period of two months. The parties are left to bear their own costs and are directed to appear before the learned Additional District Judge on 24-3-1986.

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