Law:

Section:

(a) Act of the Court------- Nobody should be penalized by the act of the Court or by the act of the public functionaries. PLD 1970 SC 196; PLD 1960 Lah. 211; PLD 1975 Lah. 7 and PLD 1994 Lah. 3 ref. (b) Jurisdiction--- Conferring of jurisdiction by consent of parties---Validity---Jurisdiction could not be conferred by the consent of the parties against the provisions of law. PLD 1996 SC 292 ref. (c) Estoppel-- ----No estoppel against statute. PLD 1977 Lah. 588 ref. (d) Unlawful order--- ---- Where the basic order was without lawful authority then the superstructure built on it would fall on the ground automatically. Sadiq Qureshi's case PLD 1982 Lah. 1 and PLD 1958 SC 104 ref. (e) Review--- ---- Judgment of the Trial Court being in violation of the mandatory provisions of law, it should have reviewed its order. JUDGMENT Brief facts out of which the present revision petition arises are that the petitioner submitted an application under section 17 of the Arbitration Act for making award the rule of the Court. The trial Court sent the award to the District Collector for levy of stamp duty etc. before the document is admitted in evidence vide order, dated 30-7-1996, the Collector did not send report to the trial Court. Learned counsel for the parties requested the trial Court to decide the case itself without awaiting the report of the Collector vide order, dated 9-1-1997. Subsequently, the trial Court decided the case himself and directed the petitioner to make good the deficiency in stamp duty value of Rs.3,29,692 on or before 6-3-1998. Petitioner being aggrieved filed review petition before the trial Court who dismissed the same vide order, dated 8-2-1999. . 2. Learned counsel for petitioner stated that once the Court has adopted a specific procedure by invoking section 31 of the Stamp Act, it should have decided the case after receiving the report from the Collector. He further stated that consent of the learned counsel for the petitioner is not binding on the petitioner as the petitioner raised a question of law which is not hit by the principle of estoppel or waiver. He further stated that the trial Court has no jurisdiction even on the consent of the…

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