Law:

Section:

(a) Void order-- ---Effect of void order---Principles---Void order is nullity in the eye of law and does not confer any right on the parties---Party adversely affected by void order should take resort to proper proceedings for getting the same set aside in accordance with the provisions of law as and when it comes to the knowledge of the affected party. Evacuee Property Board through the Deputy Administrator, Evacuee Trust Property, Sahiwal v. Muhammad Azam and 2 others 1995 SCMR 520; Malik Khawaja Muhammad and 24 others v: Marduman Babar Kahol and 29 others 1987 SCMR 1543 and Messrs Conforce Ltd. v. Syed Ali Shah and others PLD 1977 SC 599 ref. (b) Affidavit-- ----Statement in affidavit---Failure to file affidavit-in-rejoinder---Effect--­When no such rejoinder was filed, then the facts narrated in the affidavit had to be accepted as true. (c) Limitation Act (IX of 1908)--- ----S. 3---Limitation---Applicability---Illegal and void order---Effect Provisions of Limitation Act, 1908, relating to period of limitation for filing of application/appeal do not apply to illegal and void order for deciding the matter on merits. (d) Colonization of Government Lands (Punjab) Act (IV of 1912)--- ----S. 10---Limitation Act (IX of 1908), S.3---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Grant of Government land--­Duplicate allotment---Void order, setting aside of---Limitation---Demised land was granted/settled in favour of the father of respondent---Without verifying such fact, the Authorities granted the same land to the petitioner which was a duplicate order---Respondent on coming to know about issue of order in favour of petitioner, applied to the Authorities for cancellation of the grant on the same day---Grant in favour of the petitioner was recalled and the order was cancelled---Plea raised by the petitioner was that the proceedings initiated by respondent were barred-by limitation---Validity--­Order of grant of demised land in favour of the petitioner was a duplicate order and the same was unlawful, without any legal effect and was void ab initio---Challenging a void order, provisions of Limitation Act, 1908, were not applicable---Party…

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