Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S:9---Jurisdiction of Civil Court---Orders passed by executive authority or quasi judicial Tribunal---Remedy against---Ultra vires or void orders passed by Civil Court---Mode to challenge---Civil Court being Court of general and ultimate jurisdiction could examine vires and validity of any order passed by any executive authority or by a quasi-judicial Tribunal---Even ultra vires and void orders of Civil Court must be challenged in time, in proper forum, by adopting permissible mode; same could not just be ignored---Court having jurisdiction to decide any matter correctly could fall into error and take an incorrect decision also---Merely. because any decision on merits had gone against a party could not render the same as one without lawful authority or without jurisdiction. (b) Void order--- ----Remedy---Void order of Civil Court must be challenged in time in proper forum, by adopting .permissible mode---Order could not just be ignored. (c) Natural justice, principles of--- ----Administrative Authority who was a party to dispute could not take upon itself the responsibility of deciding such dispute---Such Authority could not be permitted to be a judge in its own cause, which eventuality, if allowed to materialise, would be against the norms and principles of natural justice, equity and fair play. (d) Evacuee Trust Properties (Management and Disposal) Act (XIV of 1975)--- ----S.8---Pakistan (Administration of Evacuee Property) Act (XII of 1957), S.3---Jurisdiction of Chairman, Evacuee Trust Property. Board to declare property in question, as evacuee trust property---Property in question had never been treated as evacuee trust property---Such a declaration could have been sought before 1-1-1957 under S.3, Pakistan (Administration of Evacuee Property) Act, 1957---No such declaration was sought before the target date of 1-1-1957---Proprietary rights of property in question, however, were conferred on respondents and said order remained unchallenged---Civil Court also decided question of title in favour of respondents and such decree had attained finality---Evacuee Trust Board was also impleaded at its own request before…

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