Law:

Section:

West Pakistan Consolidation of Holdings Ordinance (VI of 1960)-------S. 26---Consolidation proceedings---Jurisdiction of Civil Court---Bar--­Courts below had concurrently decided that order passed by the Consolidation Officer in absence of respondent, was void and that all subsequent orders passed by the Revenue Forums were also void because original order had been passed without affording opportunity of hearing to the respondent---Deficiency in original order on account of the fact that respondent was not heard, had stood rectified by subsequent proceedings where respondent was afforded an opportunity of being heard---Findings of Courts below that all orders passed by the Revenue Forums subsequent to original order were void, could not be maintained, especially when Courts below had no jurisdiction in the matter relating to the Revenue Forum--­Concurrent s and decree of Courts below in favour of respondent were set aside by the High Court. JUDGMENT Pre-admission notice was issued to the respondent No.1. This petition has been admitted to regular hearing today and both learned counsel have been heard at length. Both Courts below have proceeded on the premise that the order, dated 22-2-1981 passed by the Consolidation Officer had been passed in the absence of respondent No.1 and, as such, was void. It was further held by the two Courts below that all subsequent orders passed by the revenue forums, were also void because the original order, dated 22-2-1981 had been passed without affording an opportunity of hearing to the respondent No.1. This finding of the two Courts below does not take into account the important circumstance that the said order was set aside by the Additional Commissioner (Consolidation) vide his order, dated 7-7-1986 whereby he remanded the case to the Additional Deputy Commissioner (Consolidation). Thereafter, there was a second round of litigation before the Revenue Authorities and finally an order, dated 23-12-1989 was passed by the Additional Commissioner (Consolidation), wherein the Wandas of the petitioner and respondent No.1 were determined after hearing both parties and considering all aspects of the matter. Aggrieved with the said…

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