| Citation(s) |
|---|
| 1965 SLG 4768 = 1965 SLD 4768 = 1965 PLD 439 |
West Pakistan Lahore
Writ Petition No. 561 of 1964, decided on 31st March 1965.
Presented By: S. A. Mahmood and Muhammad Akram, JJ
Ghulam Mohyuddin v. Chief Settlement Commissioner P L D 1964 S C 829; Messrs Panna Lal Bingrag and others v. Union of India and others A I R 1957 S C 397 and Rex v. Williams Phillips: Ex parte (1914) 1 K B 608 ref. Gul Muhammad Khan for Petitioner. Nemo for
Respondent No 1. Ch. Amjad Khan for
Respondent No 2.
Writ Petition No. 561 of 1964, decided on 31st March 1965.
Presented By: S. A. Mahmood and Muhammad Akram, JJ
Ghulam Mohyuddin v. Chief Settlement Commissioner P L D 1964 S C 829; Messrs Panna Lal Bingrag and others v. Union of India and others A I R 1957 S C 397 and Rex v. Williams Phillips: Ex parte (1914) 1 K B 608 ref. Gul Muhammad Khan for Petitioner. Nemo for
Respondent No 1. Ch. Amjad Khan for
Respondent No 2.
HAFEEZUD DIN-Petitioner
VERSUS
Mian KHADIM HUSSAIN, ADDITIONAL DEPUTY COMMISSIONER, LAHORE AND ANOTHER --Respondents
Law: Muslim Family Laws Ordinance, 1961
Section: 9(2)
Law: Constitution of Pakistan, 1962
Section: 98
(a) Muslim Family Laws Ordinance (VIII of 1961)------- ----S. 9(2) Order for maintenance-Revision-Term "Collector" in S. 9 (2) means Chief Officer of revenue administration of District or Deputy Commissioner of District - Additional Deputy Commissioner not such authority-Powers of Collector conferred on Additional Deputy Commissioner under West Pakistan Govern ment Notification No. LR.31/15-60 dated 6-10-1960-Valid for purposes of Punjab Land Revenue Act, 1887 and Punjab Tenancy Act, 1887 only-Such powers conferred on Additional Deputy Commissioner-Cannot enure for purposes of any powers vested in Collector under Muslin: Family Laws Ordinance, 1961-Revision against order of maintenance entertained by Additional Deputy Commissioner-Held, void and without jurisdiction Zahiruddin and others v. The Collector, Lahore P L D 1962 Lah. 453 ref. (b) Jurisdiction------ -----Order without jurisdiction-Nullity in eye of law. Ghulam Harder v. Mst. Bhago and others P L D 1962 Lah. 326 and Yousaf Ali v. Muhammad Aslam Zia and others P L D 1958 S C (Pak.) 104 ref. (c) Constitution of Pakistan (1962)------ -----Art, 98-Certiorari Order found to have been passed by authority not vested will jurisdiction-Petitioner, nevertheless, not entitled to any relief if he himself has knowingly and willingly submitted to jurisdiction of that authority and acquiesced in it-Maxim: Ex debito justitiat (from a debt of justice). A party litigating must act consistently. It is a wholesome doctrine of law that a party cannot be allowed to play fast and loose; blow hot and cold and approbate any reprobate, to the detriment of his opponent. Where a person knowingly and wilfully invites the Court to adopt a procedure he cannot be permitted to turn round and blame the Court for the very same procedure which he himself invited the Court to follow. When the conduct of the applicant has been such a to disentitle him to the assistance of the Court, no writ can b issued at his instance even though the impugned order may is fact be found to have been passed by the authority concerned without any jurisdiction. It is not that the order under…