| Citation(s) |
|---|
| 2017 SLG 2129 2017 SLD 2129 2017 YLR 538 |
Islamabad High Court
F.A.O. No. 53 of 2016, decision Dated: 20-09-2016.
MIANGUL HASSAN AURANGZEB, JUSTICE
Rashid Mehmood Sindhu for Appellant. Abdul Shakoor Paracha and Wajiha Pervez for
Respondents Nos.1 and 2. Naseem Ahmad Shah for
Respondents Nos.3 to 5.
F.A.O. No. 53 of 2016, decision Dated: 20-09-2016.
MIANGUL HASSAN AURANGZEB, JUSTICE
Rashid Mehmood Sindhu for Appellant. Abdul Shakoor Paracha and Wajiha Pervez for
Respondents Nos.1 and 2. Naseem Ahmad Shah for
Respondents Nos.3 to 5.
DEFENCE HOUSING AUTHORITY, ISLAMABAD
VS
SHAFQAT RASOOL AND OTHERS
Law:
Section:
(a) Civil Procedure Code (V of 1908)--- ----O. IX, R. 13---Land Acquisition Act (I of 1894), S. 18---Reference to court---Ex-parte proceedings, setting aside of---Void order---Scope---Appellants moved application for setting aside of ex-parte proceedings which was dismissed---Contention of appellants was that case after remand was fixed before the court having no jurisdiction---Validity---Administrative error did not absolve the appellants from the obligation of attending the court and pointing out the said error to the Presiding Officer---When an order was passed by a court, tribunal or any other authority which had no jurisdiction either about subject matter, pecuniary value or territorial limits then same would be treated as void order---Court before whom case was fixed after remand did not have the territorial jurisdiction over the matter---Impugned order was without jurisdiction and void which was set aside---Appellants had been negligent in defending the reference petition in post remand proceedings---Appeal was allowed and appellants were directed to pay the cost of Rs. 50,000/- to the respondents---Trial Court was directed to decide the reference petition within specified period of time. Land Acquisition Collector v. Muhammad Nawaz PLD 2010 SC 745; Chaudhri Shakeel Ahmad v. Ghulam Farid 2015 YLR 957; Najeeb Ullah Khan v. Mst. Hameeda Chaudhry 2016 YLR 1538; Iftikhar Hussain Shah v. Pakistan 1991 SCMR 2193 and Engineer Hafeezullah v. CEO (PTCL) 2011 SCMR 442 ref. (b) Void Order--- ----When an order was passed by a court, tribunal or any other authority which had no jurisdiction either about subject matter, pecuniary value or territorial limits then same would be treated as void order. Chief Settlement Commissioner, Lahore v. Raja Muhammad Fazeel Khan PLD 1975 SC 331; Niaz Ahmad v. Muhammad Saleem 2004 CLC 1482 and Mian Muhammad Sharif v. Income Tax Appellate Tribunal, Lahore 2016 PTD 296 rel. THIS ORDER PASSED BY: MIANGUL HASSAN AURANGZEB, JUSTICE:---.--- Through this F.A.O., the appellant, Defence Housing Authority, impugns the Order dated 17.03.2016, passed by the Court of the learned Senior Civil Judge, Islamabad (East), dismissing the appellant's…
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