Law: Civil Procedure Code (V of 1908)

Section: 9,15

Law: Evacuee Property and Displaced Persons Laws (Repeal) Ordinance (XV of 1974)

Section: 2

Law: Limitation Act, 1908

Section: 3,5

Law: Specific Relief Act, 1877

Section: 42

(a) Civil Procedure Code (V of 1908)--- ----S. 9---Jurisdiction of civil court- Ouster clause in statute---Effect---Ouster clause in any statute, only applies when authorities constituted therein act within four corners of the statute---If authorities step on it, the protection available to orders passed by a tribunal of special jurisdiction is no more available and court of plenary jurisdiction can examine the controversy. Yousaf Ali v. Muhammad Aslam Zia and 2 others PLD 1958 SC 104 fol. (b) Specific Relief Act (I of 1877)--- ----S. 42---Evacuee Property and Displaced Persons Laws (Repeal) Ordinance (XV of 1974), S.2---Civil Procedure Code (V of 1908), Ss.9 & 115---Limitation Act (IX of 1908), Ss.3 & 5---Constitution of Pakistan (1973), Art. 185 (3)---Declaration of title---Concurrent findings of fact by courts below---Void order---Jurisdiction of civil court---Revisional jurisdiction---Condonation of delay---Principles---Suit property was an evacuee property and plaintiffs claimed to be owners in possession---Suit was decreed in favour .of plaintiffs and appeal against and decree passed by Trial Court was dismissed by Lower Appellate Court being barred by limitation---Judgment and decree passed by Lower Appellate Court was maintained by High Court, in exercise of revisional jurisdiction---Plea raised by defendants was that civil court did not have jurisdiction to decide the matter, therefore, no limitation would run against void order, hence their appeal could not have been dismissed by Lower Appellate Court---Validity---Transfer orders in favour of predecessor of defendants was issued on 29-6-1974 and 30-6-1974, while evacuee laws had been repealed by virtue of Displaced Persons and Evacuee Laws (Repeal) Ordinance, 1974, thus after repeal of laws illegal order of transfer was sought to be enforced against plaintiffs---Defendants relied upon a letter issued by Settlement Authorities according to which suit property was provisionally reserved in favour of predecessor of defendants, whereas on such date reservation scheme had already been discontinued---Provisional Transfer Order issued in favour of predecessor of defendants was wholly without…

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