Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Petitioner had assailed order passed by Authority whereby his revision petition against dismissal of his appeal was dismissed---Petitioner had contended that his counsel had died and lie personally appeared before Authority on the date of hearing and made request for adjournment to engage his counsel, but his request was not acceded to and the revision was decided without hearing arguments of the petitioner---Petitioner had placed on record copy of death certificate issued by Secretary, Union Council concerned; in view of said certificate, the petitioner was certainly not represented by his counsel---Impugned order showed that attendance of counsel for the petitioner was marked, but neither name of counsel was mentioned nor his power of attorney was available on the file; it could not be held, in circumstances that petitioner was duly represented by a counsel before the Authority at the time of hearing of his revision petition; it was indefeasible right of a party that he should be given fair opportunity of hearing, which could not be normally possible in the absence of his counsel---Proper legal assistance being not available to petitioner at the time of hearing of the revision petition, he was deemed to have' been condemned unheard---Allowing constitutional petition, impugned order was set aside and revision was remanded to the Authority for its decision afresh after affording proper opportunity of hearing to the parties. Malik Muhammad Tariq Rajwana for Petitioner. Malik Muhammad Jaffar Kamboh for Respondents Nos.2 and 3. Amin-ud-Din Khan for Respondent No.4. ORDER MAZHAR HUSSAIN MINHAS, J.--- The petitioner has invoked the Constitutional jurisdiction of this Court to assail the order, dated 15-4-2006 passed by respondent No.1, whereby his revision petition against the dismissal of his appeal by respondent No.2 vide order, dated 23-7-2005, has been dismissed. 2. It has been contended by learned counsel for the petitioner that the petitioner's counsel Ch. Muhammad Hafeez, Advocate died on 11-2-2006, therefore, he personally appeared before respondent No.1 on the date of hearing i.e.…

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