Law: West Pakistan Board of Revenue Act, 1957

Section: 5 , 13

Law: West Pakistan Consolidation of Holdings Ordinance (VI of 1960)

Section:

  Res judicata--- ----An order operates as a res judicata only, if it decides the dispute between parties on merits---Decision not based on merits but on other grounds, cannot operate as a bar. Abdul Ghaffar Oureshi v. Federation of Pakistan 1985 S C M R 1963 rel. West Pakistan Board of Revenue Act (XI of 1957)--- ----S. 5---Order passed on executive side by Board of Revenue without hearing parties could hardly furnish basis for non-suiting a party---No person could be deprived of the remedy available to him under law. West Pakistan Consolidation of Holdings Ordinance (VI of 1960)--- ----S. 13---Order passed in suo motu revisional jurisdiction---Essentials---Board of Revenue possesses suo motu revisional jurisdiction but no order detrimental to a person can be passed without giving him notice. West Pakistan Consolidation of Holdings Ordinance (VI of 1960)--- ----S. 13---Court or Tribunal is incompetent to decide any case ignoring question of limitation if the same floats on the face of record---Such Court or Tribunal would be obliged to examine question of limitation before proceeding on merits. West Pakistan Consolidation of Holdings Ordinance (VI of 1960)--- ----S. 13---Constitution of Pakistan (1973), Art.199---Constitutional jurisdiction, exercise of---Single revision petition filed against order of Additional Commissioner passed in 62 appeals---Board of Revenue not adverting to such objection of petitioners could not be deemed to have decided such revision in accordance with law---High Court in Constitutional jurisdiction declared the order passed by Board of Revenue to be without lawful authority and of no legal effect---Revision petition filed by respondents would be deemed to be still pending before Board of Revenue to be disposed of afresh in accordance with law. Rana Muhammad Sardar for Petitioners.   Ch. Sabir Nasim, Abdul Sattar Chughtai and M. Farooq Chishti for Respondents Nos .5, 10 and 11. Nemo for the Remaining Respondents. Date of hearing: 6th June, 1989. JUDGMENT This Constitutional petition calls in question the order dated 4-1-1984 passed by the Member, Board of Revenue (Consolidation) Lahore, the order dated 26th of October, 1980…