Ghulam Mustafa vs Province of the Punjab S — 2026 MLD 816 LAHORE-HIGH-COURT-LAHORE

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Ghulam Mustafa VS Province of the Punjab S.26---Civil Procedure Code (V of 1908), S.9---Consolidation of holdings, matter of---Jurisdiction--- Whether Authority /Tribunal or Civil Court?---Plenary jurisdiction of Civil Court---Scope---Authority's order being tainted by malice/fraud, allegation of---Effect---In the present matter, both the Courts below non-suited the petitioner while holding that the suit filed by the petitioner was not maintainable in view of the bar contained in S.26 of the Punjab Consolidation of Holdings Ordinance, 1960 , language of which (section) unequivocally bars Civil Courts jurisdiction---There is no cavil to the proposition that the civil court possesses broad authority to review actions of any tribunal or authority that exceed jurisdiction or are ultra vires---However, where a special law provides a specific forum and expressly excludes the civil court's jurisdiction, the court's role becomes limited--- Mere allegations of fraud or misrepresentation do not, by themselves, confer jurisdiction upon the civil court; to attract its jurisdiction, the alleged fraud must go to the root of the matter affecting the very decision-making authority and not be of a merely procedural or incidental nature---Bare or unsupported claims of fraud are insufficient to invoke civil court's jurisdiction---Petitioner had challenged the order having been passed in the year 1992, alleging that respondent by fraud, concealing the proceedings from the petitioner obtained an ex-parte order, however, the record indicated otherwise; which was passed in petitioner's presence at the time of its pronouncement---Accordingly, the challenge to the said order now taken by the petitioner appeared to be an afterthought aimed at depriving respondent of the fruits of that order---Petitioner failed to point out any irregularity or illegality in the decisions rendered by the Courts below nor this/High Court found any misinterpretation of law or non-appreciation of material available on file to call for interference in its revisional jurisdiction and the fora below had correctly non-suited the petitioner while relying on provisions of West Pakistan Consolidation of Holdings Ordinance, 1960---Revision, being merit-less , was dismissed in limine.

Ghulam Mustafa vs Province of the Punjab S — 2026 MLD 816 LAHORE-HIGH-COURT-LAHORE

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