Law:

Section:

(a) Maxim-------"Audi alteram partem" principle of---Land originally allotted to petitioner and subsequently confirmed in his name could not be cancelled from his name without issuing any notice to him or giving him reasonable opportunity of being heard. (b) Civil Procedure Code (V of 1908)--- ----0. VII, R.il---Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 25---Maxim: "Audi alteram partem", principle of---Applicability---Rejection of plaint by Appellate Court---Validity---Civil Court's jurisdiction to examine order passed by Settlement Authorities---Extent---Plaint filed by plaintiff disclosed cause of action as also explanation regarding delay in filing suit---If averments of plaint were accepted as true, then suit was within time---Such question, however, could be finally determined after recording evidence of parties--=Principles of audi alterm partem being a part of every statute, Civil Court was fully competent to examine whether Settlement Authorities had passed orders after complying with said principle of law---Appellate Court grossly erred in holding that Civil Court had no jurisdiction in the matter--­Orders passed by Settlement Authorities in absence of plaintiff were not secrosanct and could be legitimately challenged in Civil Court---Question whether land in question, was evacuee trust property and could not be allotted to plaintiff could appropriately be decided by Civil Court after recording, evidence---Order of rejection of plaint passed by Appellate Court was set aside in circumstances---Case was remanded to Trial Court for disposal in accordance with law. Anwar Hussain v. DSC etc. 1983 CLC 851 and Abdul Sattar v. Settlement Commissioner etc. PLD 1981 Kar. 413 rel. Sh. Muhammad Hanif for Petitioner. Nemo for Respondents Nos. 1 and 2. Sharif Hussain Bokhari for Respondent No.3 Ch. M.Z. Khalil for Respondents Nos.4 to 6. Dates of hearing: 19th October; 13th December, 1993 and 11th January, 1994. JUDGMENT This Constitutional petition is directed against the order dated 18-11-1992 passed by the learned Additional District Judge, Gujranwala, who allowed an appeal filed by Muhammad Yunus respondent No. 3 and rejected the plaint filed…

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