Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 20 (2) read with Displaced Persons (Compen¬sation and Rehabilitation) (Amendment) Ordinance (II of 1962) and Displaced Persons (Compensation and Rehabilitation) (Second Amendment) Ordinance (XIII of 1962)-Second revision-Record of case called for after promulgation of Ordinance II of 1962-Order passed by Chief Settlement Commissioner in such revision-Held, to be without legal authority. (b) Constitution of Pakistan (1962), Art. 98-Objection as to jurisdiction of lower Court or Tribunal to pass impugned order ¬Whether and when can be raised for first time in writ petition. The two contesting parties KD and AH filed cross revision petitions before the Chief Settlement Commissioner. In deciding the two petitions, the Chief Settlement Com¬missioner, in exercise of the powers under section 20 (3), Displaced Persons (Compensation and Rehabilitation) Act, 1958, dismissed the revision petition of KD but accepted that of AH. KD challenged the order of the Chief Settlement Commissioner before the High Court, in a petition under Art. 98 of the Constitution (1962) on the ground that the provision for second revision contained in section 20 (3) having been done away with by Displaced Persons (Compensation and Rehabilitation) (Amendment) Ordinance (II of 1962) and the Displaced Persons (Compensation and Rehabilitation) (Second Amendment) Ordi¬nance (XIII of 1962) the Chief Settlement Commissioner had no jurisdiction to pass the impugned order as the record of the case was not called for before the 13th January 1962, i.e., the date of enforcement of Ordinance JI of 1962. It was contended on behalf of the respondent AH that since the petitioner KD had not objected to the jurisdiction of the Chief Settlement Commissioner at the time the case was heard by him, he was precluded from raising this objection for the first time in a writ petition before the High Court: Held, that mere omission to raise objection, or merely remain¬ing a passive spectator, is no bar so as to disentitle a person from taking up the point of lack of jurisdiction on the part of a domestic tribunal. Courts of Equity have not…

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