S.15 Civil Court Ordinance, 1962 39
Words “supervise” and “control” have:to be interpreted in their literal
sense. The High Court is empowered to exercise judicial control over the
decisions of the subordinate Courts but such contro! should be limited to
correction of exercise of jurisdiction or non-compliance of any statutory
provision of law and does not extend to interference on merits if subordinate
Court acted within its bounds.
It is gravely doubtful whether the power of supervision and control
envisaged under Art. 102 of Constitution (1962) and Art. 205 of Constitution
(1973) included power to transfer cases.“
Power of supervision and control over subordinate Courts has nothing
to do with the grievances of the parties or with doing justice to them."
The Special leave to appeal was granted by the Supreme Court to
consider whether the High Court could exercise judicial power of review under
Article 102 of the Constitution of Pakistan (1962) to expunge remarks from the
judgment of the Family Court acting under the Family Courts Act, 1964."
The powers of superintendence, direction, and control are limited
Interference is called for‘only where any principle of natural justice has been
violated, or there has been some serious error in the procedure which has
prejudice the applicants, or there is no evidence to warrant the conclusion to
which the Court came."
15. Power to distribute | business.—Notwithstanding
anything contained in the Code of Civil Procedure, 1908 (V of 1908),
every District Judge may by written order direct that any civil business
cognizable by his Court and the Courts under this control shall be
distributed among such Courts in such manner as he thinks fit:
Provided that no direttion issued under this section shall
empower any Court to exercise any powers or deal with any business
beyond the limits of its jurisdiction
(A PLD 1971 Kar, 118,
ry PLD 1973 Kar. 237.
te PLD 1973 Kar. 485
i" 1969 SCMR 145.
PLD 1955 Sindh 3