Tuesday, 27 January 2015

Civil Procedure Code 1908 (CPC), Section 3, Subordination of Courts, Code of Civil Procedure 1908



Code of Civil Procedure 1908


Subordination of Courts: 

Section 3: 

Section 3. For the purposes of this Code, the District Court is subordinate to the High Court, and every civil Court of' a grade inferior to that of a District Court and every Court of Small Causes is subordinate to the High Court and District Court.

Explanation, Illustration and Relevant Cases:

Civil Procedure Code (V of 1908), Section. 3‑Collector as Revenue Officer‑Not a Court Subordinate to High Court. P L D 1964 602


Civil Procedure Code (V of 1908), Section. 115 read with Section. 3 and West Pakistan Family Courts Act (XXXV of 1964), Section. 17--­Words "subordinate Court", in Section. 115, C. P. C.--‑Meaning­--Object of Family Courts Act‑--Orders passed by a Family Court--­Held, not revisable by High Court under S. 115, C. P. C   P L D 1970 641

West Pakistan Family Courts Act (XXXV of 1964)‑ --Sections. 13 & 17 read with Civil Procedure Code (V of 1908), Sections. 3 & 115‑Order passed under Act by Family Court presided over by a Civil Judge or by appellate Court presided over District Judge­ Held, cannot be revised under Section. 115, C. P. C. 1983 C L C 356

Civil Procedure Code (V of 1908)‑‑Sections 3 & 115‑‑West.Pakistan Family Courts Act (XXXV of 1964), S.17‑­Order passed by Family Court‑‑ Revisional jurisdiction of High Court‑­Family Court, held, was not subordinate to High Court‑‑S.17 of Act XXXV of 1964 bars application of Civil Procedure Code, 1908 to Family Court proceedings‑‑Revisional jurisdiction of High Court thus not extend to orders passed by Family Court. 1986 CLC 620


Civil Procedure Code (V of 1908), Section 3, ---Decision of High Court—Whether binding upon Labour Court and Appellate Tribunal---Arts.202 & 203 of Constitution of Pakistan, 1973 and S. 3 of Civil Procedure Code, 1908 held not relevant for deciding such issue—Courts subordinate to high Court enumerated in S.3 of Civil Procedure Code, 1908 subordinate to High Court for purposes of Civil Procedure Code, 1908 and cannot be considered as such for purposes of Art. 201 of Constitution of Pakistan, 1973‑Courts within territorial jurisdiction of High Court are subordinate to that High Court for purposes of Art. 201 ibid to the extent that question of law decided or principle of law enunciated by High Court would be binding on such Courts‑Question of law decided or principle of law enunciated by Division Bench of Sind High Court, held, binding upon Sind Labour Courts and Sind Appellate Tribunal. 1984 P L C 569

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