Law:

Section:

  Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949)--- ----S. 34---Determination of evacuee interest in business---Bar of jurisdiction of Civil Court---Evacuee interest in business concern jointly owned by Muslim and non-Muslim---Determination of shares of parties or extent of evacuee interest in business concern was within exclusive jurisdiction of Custodian-- Jurisdiction of Civil Court in such matter was barred by S. 34, Pakistan (Administration of Evacuee Property) Ordinance, 1949.---[Jurisdiction], Pakistan Rehabilitation Ordinance. (XIX of 1948)--- ----S. 16---Bar of jurisdiction---Business concern jointly owned by Muslim and non-Muslim---Determination of extent of evacuee share in such business was within exclusive jurisdiction of Custodian---Deputy Rehabilitation Commissioner was merely supposed to divide assets of such concern in accordance with the decision of Custodian---Order passed by Deputy Rehabilitation Commissioner for distribution of assets of concern in question, was immune from attack in Civil Court by provision of S. 16, Pakistan Rehabilitation Ordinance, 1948---Judgment and decree passed by Civil Court relating to evacuee and non-evacuee shares in said business concern was without jurisdiction and nullity in the eye of law. Appeal (civil)--- ---- Void order---Appeal against void order of Court could have been filed within period of limitation---Appeal filed with delay of unexplained 38 days was not competent---Order in question, was passed by Trial Court in presence of affected person, therefore, appeal ought to have been filed within period of limitation viz. thirty days---Had   Trial Court passed impugned order/decree in absence of person concerned, then he could have filed appeal within prescribed period counting the same from the date of his knowledge. Hussain Bakhsh and others v. Settlement Commissioner and another PLD 1969 Lah. 1039; Syed Mahmood Alam v. Syed Mehdi Hussain and 2 others PLD 1970 Lah. 6; V.R. Mall v. Sh. Muhammad Yusuf and another PLD 1975 Lah. 825 and Sayed Sajid Ali v. Sayed Wajid Ali PLD 1975 BJ 29 ref. Karamat Nazir Bhundari for Appellants. Bashir Zafar for Respondents Nos. 1 to 5. Nemo…