Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional petition--Filling of petition--Dismissed on merits--Territorial jurisdiction--Determination of rights--Challenge to--If Court lacks jurisdiction on count of 'territorial jurisdiction' or 'pecuniary jurisdiction' it shall not be advisable to Court to proceed further else any subsequent order, determining rights of parties, shall be nothing but a nullity--Thus, I would feel safe in saying that after dismissal of instant petition by order dated 30.06.2017, there remained no room for filing 'restoration application'--Disposal of petition on 'merits' was not brought into notice of Court--An order passed because of some mistake of fact or law shall always be opened to be corrected/ rescinded within meaning of General Clauses Act--Since, candidly, petition was dismissed by final order on merits, hence, subsequent order of restoration, being prima facie result of some mistake of fact, cannot be allowed to sustain nor can be sufficient to reverse disposal of a lis which, otherwise, could only be done by an appellate (superior) Court--Since, I am also conscious that a petition, once lawfully disposed of on merits, cannot be disposed of again by same court, therefore, legal position compels me to conclude that order dated 20.8.2018 be deemed to have never been passed and petition shall be deemed to have been disposed of vide order 30.6.2017 for all purposes and intents--Order accordingly. THIS ORDER PASSED BY: SALAHUDDIN PANHWAR, JUSTICE---.---- By order dated 30.06.2017 instant petition was dismissed on the issue of territorial jurisdiction, such order is that: "Petitioner and his counsel are called absent. By order dated 14.06.2017 he was directed to satisfy this Court as to the maintainability of this petition as prima facie it appears that the matter ought to proceed under the guardian and wards Court. Respondent No. 3 was also directed to be present in Court alongwith minors who should not be removed from the territorial jurisdiction of this Court. Today, Respondent No. 3 has produced minors in Court, however, states that she has come from Rehimyar Khan Punjab as this is her permanent residence and that…

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