6306/2016 Const. P. Zahid Khan and Ors (Petitioner) V/S KMC and Ors (Respondent)

6306/2016 Const. P. Zahid Khan and Ors (Petitioner) V/S KMC and Ors (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Arshad Hussain Khan(Author) Order Date: 13-DEC-16

Through this constitutional petition the petitioner challenged the order passed by 1st ADJ, Karachi (East) in Civil Revision upholding the judgment and decree passed by Senior Civil Judge Karachi (East). In this case Section 115 CPC was examined and it was observed that the revisional Court under section 115 of the C.P.C. are confined to the conditions and eventualities where it appears that the subordinate court has exercised jurisdiction not vested in it or has failed to exercise the jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity. And erroneous conclusion of law and fact can be corrected in appeal, but direct revision in civil suit will not be competent. It was also taken into consideration that the Revision lies against the decision or order of subordinate court in which no appeal lies. Revision is competent only in non-appealable orders or decisions, however where appeal has been provided under the law, Revision is not competent. Furthermore, decree or order passed by the trial court is appealable, Revision without availing of remedy by way of such appeal was not competent. Advocates: Zahid Hamid(ADVO-2341-SBC-KHI)