Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 9

Law: Muslim Family Laws Ordinance, 1961

Section:

  West Pakistan Rules under Muslim Family Laws Ordinance, 1961--- ---- R. 16 --- Muslim Family Laws Ordinance (VIII of 1961), S.9 --- Constitution of Pakistan (1973), Art.199 --- Civil Procedure Code (V of 1908), S.11-Order for grant of maintenance --- First revision was dismissed not on merits b4 on ground that respondent had failed to file copy of order in question, along with revision petition ---Competency to file second revision --- Decision of first revision being not on merits could not operate as res judicata nor same could debar a party from re-agitating the same matter through properly constituted proceedings. Muslim Family Laws Ordinance (VIII of 1961)--- ------S. 9 --- West Pakistan Rules under Muslim Family Law Ordinance, R.16 --Constitution of Pakistan (1973), Art.199 --- Limitation Act (IX of 9W), S.5 -- Revision against order of maintenance before Collector --- Such revision having been filed beyond thirty days was accompanied by an application for condonation of delay ---Collector being aware of such fact recorded no finding on application for condonation of delay --- Failure on the part of Collector to record his finding on application for condonation of delay had vitiated his order--.-Collector's order in question, wag declared to be without lawful authority and of no legal effect-- Revision was deemed to be pending before Collector who was directed to decide the same afresh in accordance with law. S.M. Rashid for Petitioner. Malik Allah Yar for Respondent No.l. Nemo for Respondent No.2. Date of hearing: 31st March, 1991. JUDGMENT This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 assails the order dated 3rd June, 1990 passed by the Collector/Deputy Commissioner Sargodha whereby he accepted a revision filed by respondent No.1 against the order of the Arbitration Council Ludewala Tehsil and District Sargodha.     Mst. Parveen Akhtar, petitioner was married to Ghulam Akbar respondent Nod on 30th July, 1974. On 28th February, 1989 she filed an application under Section 9 of the Muslim Family Laws Ordinance, 1961 for grant of maintenance at the rate of Rs.2,000 per month. Respondent…