Law:

Section:

(a) Civil Procedure Code (V of 1908)-------Ss. 12(2) & 96---Limitation Act (IX of 1908), Ss. 3, 5 & Art.154---Constitution of Pakistan, Art.199---Constitutional petition---First appeal---Limitation---Application for condonation of delay of six (6) months and ten (10) days---Appellate Court without deciding such application, which remained pending about three (3) years, remanded case to Trial Court for its decision afresh after accepting appeal on basis of compromise filed by parties---Preliminary decree passed in post-remand proceedings by Trial Court on basis of another compromise signed by plaintiff's attorney---Plaintiff's application under S.12(2), C.P.C. for setting aside preliminary decree on ground that his attorney was authorised to represent him in appeal, but not in suit---Order of Trial Court dismissing application under S.12(2), C.P.C. upheld by Revisional Court---Validity---Court could not assume jurisdiction in a time-barred matter without condoning delay first, otherwise not only its entire proceedings, but all subsequent proceedings arising therefrom would also become void and without jurisdiction---Appellate Court without deciding question of limitation first had accepted compromise in time-barred appeal and set aside impugned /decree and remanded case to Trial Court---Judgment of Appellate Court without fulfilling mandatory condition of deciding question of limitation first was illegal and coram non judice, thus, its order accepting compromise in appeal, preliminary decree and order of Revisional Court were also illegal and coram non judice---When very foundation was held to be illegal or void, then entire superstructure built thereon would fall to ground automatically---Such illegality committed by Appellate Court resulted not only into multiplicity of proceedings, but also grave miscarriage of justice---High Court accepted constitutional petition and set aside of Appellate Court, preliminary decree passed by Trial Court, order of Revisional Court and remanded case to Appellate Court for deciding first application under S.5 of Limitation Act, 1908. Mansab Ali v. Amir and 3 others PLD 1971 SC 124 rel. (b) Jurisdiction---…

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