2020 C L C Note 14
Before Amin-ud-Din Khan, J
KHALID SIKANDAR and another—Petitioners
ADDITIONAL DISTRICT JUDGE, KAMALIA and others-
—-O. VI, Rr. 17— Constitution of Pakistan, Art. 199— Application for amendment of written statement—Constitutional jurisdiction of High Court—Scope—Non-availability of right of appeal—Effect—Petitioners assailed orders of courts below whereby their application to amend written statement was dismissed—Validity—Where legislature had not given the right of appeal or revision against the orders impugned through the constitutional petition, exercise of jurisdiction of High Court under Art. 199 of the Constitution as an appellate jurisdiction would be to circumvent the intention of the legislature—For invoking constitutional jurisdiction of High Court under Art. 199
of the Constitution, the petitioners were bound to show some jurisdictional defect committed by the courts below while deciding the matter in issue—Petitioners could not point out either any jurisdictional defect, perversity in the orders passed by the courts below or establish any exceptional circumstances for exercising constitutional jurisdiction—Constitutional petition, having no force, was dismissed in limine.
Constitutional jurisdiction of High Court—Scope—High Court can exercise the jurisdiction vested in it under Art. 199 of the Constitution in some appropriate and exceptional circumstances when a case is made out that the forums/courts below have exercised the jurisdiction not vested in them by law or failed to exercise the jurisdiction.