Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. XX, R. 1---Constitution of Pakistan (1973), Art.199--­Constitutional petition---Pronouncing ---Limitation---Member, Board of Revenue, after hearing case, reserved the same for orders and passed order after about ten months of hearing of the case---Contention was that order was liable to be declared as illegal and of no effect as the same was passed long after hearing of case--­Statutory obligation under O.XR, R.1; C.P.C. was to decide matters within thirty days of hearing of case---Decision of cases had to be taken within a reasonable time after hearing thereof---Order passed by Member, Board of Revenue, even otherwise being violative of principles of natural justice, was not sustainable and same was declared as of no effect. Muhammad Ibrahim through his Legal Heirs v. Sindh Industrial Trading Estate Ltd. and 3 others PLD 1985 Kar. 95 and Crescent Sugar Mills & Distillery Ltd., Faisalabad v. Central Board of Revenue, Islamabad and 2 others PLD.1982 Lah. 1 ref. (b) Natural justice, principles of--- --- Material likely to be made basis for a decision/order against a party, should be made known to party concerned affording opportunity of explanation and rebuttal and no extraneous material could be made use of for any such order---Concept of adjudication of matters and dispensation of justice would rest upon prolnciples of natural justice. Raziuddin v. Chairman, Pakistan International Airlines Corporation and 2 others PLD 1992 SC 531 ref. (c) Practice and urocedure--- ----Search for the material/evidence in the case made after hearing thereof, was unwarranted by law---Mere length and breadth of an order, was not the determining factor as to its validity or otherwise when question of exercise of judicial powers was raised before Court. Sh. Muhammad Hanif for Petitioner. Rana Muhammad Nawaz for Respondents Nos. l to 3 Muhammad Yousaf for Respondent No.5. Amjad Hussain Syed for Respondent No. 10. Date of hearing 16th Augusi, 2002. JUDGMENT Order dated 7-4-1997 passed by respondent No.l has beeni assailed through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 inter alia on the…

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