Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 42---Martial Law Instruction No.23, dated 17-8-1977 [Zone "A"]---Civil Procedure Code (V of 1908), Ss.9 & 115---Allotment of plot cancellation of---Non-providing opportunity of hearing to plaintiff before cancelling his allotment---Recording evidence of parties after framing issues in suit---Dismissal of suit for want of jurisdiction upheld by Appellate Court and in revision by High Court, which for the first time recorded findings on issues relating to merits of the case---Validity---Where an order was passed without providing opportunity of hearing to a party, then there would be no absolute ouster of jurisdiction of civil court including High Court and Supreme Court---Order of cancellation of plot passed by Martial Law Authorities for being coram non judice was not immune from judicial review by civil court---High Court might have refrained from dilating upon merits of the case by deciding all issues independently, whereby injustice and prejudice had been caused to plaintiff by depriving him of right of appeal---Supreme Court accepted appeal and set aside s of High Court and courts below and remanded case to civil court for decision of case on merits on basis of material available on record. Muhammad Swaleh and another v. Messrs United Grain and Fooder Agencies PLD 1964 SC 97; Malik Ghulam Mustafa Khar and others v. Pakistan and others PLD 1988 Lah. 49 and Federation of Pakistan and another v. Malik Ghulam Mustafa Khar PLD 1989 SC 26 ref. (b) Constitution of Pakistan (1973)--- ----Art. 185(3)---Martial Law Regulation No.23, dated 17-8-1977--Cancellation of allotment of plot without hearing allottee---Validity---Supreme Court granted leave to appeal to examine questions as to whether principles of natural justice were applicable to such case; and if answer to such question was in affirmative, whether non-observance of such principles rendered order of cancellation of plot as coram non judice. (c) Jurisdiction--- ----Question of---Such question being of fundamental nature in judicial proceedings should be decided first on priority basis without recording evidence on issues relating to merits of the case---Where…

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