Law: Civil Procedure Code (V of 1908)

Section: 12(2),O.XXI,R.99

Law: Constitution of Pakistan, 1973

Section: 199

Law: Punjab Urban Rent Restriction Ordinance, 1959

Section: 13

Civil Procedure Code, 1908 (V of 1908)-- ----S. 12(2) & O. XXI, R. 99--Punjab Urban Rent Restriction Ordinance, 1959, S. 13--Constitution of Pakistan, 1973, Art. 199--Constitutional Petition--Lease deed--Establishing of petrol Pump--Authorised retailer--Termination of franchise--Appointment of new retailer--Possession of pump was handed over through an agreement--Ejectment petition--Allowed--Application for execution--Appeal--Dismissed--Objection petition--Application for dismissal of objection petition--Dismissed--Appeal--Allowed and case was remanded to executing Court--Dismissal of execution petition--Revision petition--Dismissed--Review petition--Dismissed--Maintainability--Violation of principles of natural justice--Challenge to--Conduct of learned Court below denying opportunity of hearing to present petitioner as well as M/s. Shell Pakistan Limited while hearing impugned petition--In any judicial proceedings when Court is seized of a matter, finally adjudicating upon rights of parties, it is required to give full opportunity of hearing to contesting parties--This principal is not only embodied in almost every statute but is a centuries old golden principles of administration of justice developed through judge-made laws--Violation of principles of natural justice has been considered enough to vitiate even most solemn proceedings--Where adverse action is contemplated to be taken against person(s), he/she would have a right to defend such action notwithstanding fact that statute governing his/her rights do not contain provision of principle of natural justice and in absence thereof--It is settled principle of law that Appellate/Revisonal Court has to restrict itself to issues raised before it and cannot dilate upon any other issue--Revision petition of respondent, Raja Muhammad Ayas shall be deemed pending and case is remanded back to learned District Judge, Abbottabad who shall either, himself decide case or shall assign it for disposal to any other Additional District Judge, Abbottabad except Additional District Judge-III, Abbottabad, who has already expressed his opinion--Petition was accepted. Administration of Justice-- ----Opportunity of…

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