Law: Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)

Section: 23(1), (g)

Law: Civil Procedure Code (V of 1908)

Section: O. IX, r. 9

Displaced Persons (Land Settlement) Act (XLVII of 1958) S. 23(1), (g) read with Civil Procedure Code (V of 1908), O. IX, r. 9-Ex parte order, setting aside of-Application for-Revising Settlement Authority competent to entertain- and decide. Muhammad Aslam Mirza v. Mst. Khurshid Begum P L D 1972 Lah 603 ref. Iqbal Hussain Shah v. Abdul Ghani P L D 1967 Lah. 633 ; Mst. Shahjahan Begum v. Mst. Shabbir Fatima P L D 1972 Lah. 546 and Muhammad Aslam Ml!za v. Mst. Kburshid Begum P L D 1972 Lab. 603 rel. Dates of hearing : 30th January and 20th February 1975.                                                                                                                                                                JUDGMENT By this writ petition, the petitioners challenged an order dated 2-6-1972 of Mr. Zaka Ullah Naik, Settlement Commissioner (Land), Lahore, passed ex parse against the petitioners and some others, in revision brought by Abdul Ghafoor and Abdus Shakoor (present respondents 2 and 3 respectively). The order was assailed on the ground that the petitioners had not been provided any opportunity of being heard before passing the order against them, that the notices sent to them had been incorrectly addressed and the correct address had been intentionally suppressed with the result that they had not been legally and properly served, and that, therefore, the order was nullity in law. During the pendency of the writ petition, learned counsel for the petitioners took time to enable the petitioners to move the Settlement Commis sioner for setting aside the ed parte order and for re-hearing the revision. They accordingly filed an application there, under Order IX, rule 13 read with S. 151, C. P. C. but Malik Jahangir Khan, learned Settlement Commissioner (Land), Lahore,…