Law: Civil Procedure Code (V of 1908)

Section: 11,12(2)

Law: Punjab Board of Revenue Act, 1957

Section: 7

Law: Constitution of Pakistan, 1973

Section: 199

(a) Administration of justice--- ----Void order---Scope---Order passed by an authority without jurisdiction is illegal and void ab-initio. Khuda Bakhsh v. Khushi Muhammad and 3 others PLD 1976 SC 208; Bashir Ahmad v. Meer Aslam Jan 2007 CLC 1544; Messrs East-West Insurance Company Ltd. through Chairman and another v. Messrs Muhammad Shafi and Company through Managing Partner and 2 others 2009 CLD 960 and Sultan v. Federation of Pakistan and 4 others (Writ Petition No.28756 of 2014) rel. (b) Civil Procedure Code (V of 1908)--- ----Ss. 11 12(2)---Punjab Board of Revenue Act (XI of 1957), S. 7---Constitution of Pakistan, Art. 199---Constitutional petition---Fraud and misrepresentation---Judgment, setting aside of---Second revision---Res-judicata--- Applicability--- Applicants / petitioners assailed their dispossession from land in question by Federal Land Commission but their petition was dismissed as withdrawn---Applicants/petitioners sought restoration of their petition on the plea of fraud---Validity---Earlier revision petition regarding resumption of land of declarant was dismissed on merit by Federal Land Commission and that dismissal order was maintained by Supreme Court---Without disclosing earlier facts, Second revision petition filed by respondent containing same set of facts, same property, same cause of action and between same parties was not maintainable under the principle of res-judicata---Order dismissing petition as withdrawn was set aside and the case was restored to its original number---High Court quashed the orders of ejectment of petitioners from land in question as the same were passed in presence of status quo order---High Court directed revenue authorities to immediately restore possession of land in question to applicants/petitioners---Order passed by Federal Land Commission was passed in violation of Art. 189 of the Constitution, as the matter had already been finalized upto Supreme Court and the matter was hit by principle of res judicata, therefore, the order was passed without jurisdiction---Constitutional petition was allowed accordingly. Muhammad Sharif v. Settlement Commissioner and others 2007 SCMR 707; Iffat Jabeen v. District…

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