The exercise of revisional powers is circumscribed by section 115 of the Code. Clauses (a) and (b) are attracted when jurisdiction, which is ..................

 The exercise of revisional powers is circumscribed by section 115 of the Code. Clauses (a) and (b) are attracted when jurisdiction, which is vested in a court, is not exercised or when jurisdiction is not vested in a court yet the court assumes jurisdiction. And, clause (c) is with regard to a court exercising jurisdiction illegally or with material irregularity. Conversely, when the order of a subordinate court is within its jurisdiction and such court has not exercised jurisdiction illegally or with material irregularity revisional jurisdiction cannot be exercised.The power of revision cannot be used by a higher court to substitute its own discretion or authority. A revision also does not lie when the law provides for an appeal. And this Court has held5 that, ‘The words “no appeal lies thereto” are words of general input and there is nothing in the section to confine their operation only to first appeals.’ However, it does not follow that whenever an appeal is not provided for a revision would lie. A revision can only be filed if the order/judgment which has been impugned comes within clauses (a), (b) and/or (c) of subsection (1) of section 115 of the Code. The Privy Council explained when section 115 would apply and when it would not:

Under the Arbitration Act arbitration may be initiated without intervention of a court (Chapter II) or with intervention of a court (Chapter III) or recourse may be had to arbitration in suits (Chapter IV). Section 20(1) of the Arbitration Act states that, ‘where any persons have entered into an arbitration agreement before the institution of any suit with respect to the subject-matter of the agreement or any part of it…’

Civil Petition No. 4222/2018
Sardar Muhammad Kamal-ud-Din Khan Versus Syed Munir Syed and others