2011 CLC 1610 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD IRFAN VS TARIQ MEHMOOD PLD 1991 SC 997, Code of Civil Procedure 1908--12 , Constitutional petition--TERM , Fraud and misrepresentation--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Civil Procedure Code (V of 1908), S.12(2)---Constitution of Pakistan, Art.199---Constitutional petition---Void order---Fraud and misrepresentation---Judgment, setting aside of---Petitioner claimed to be owner in possession of property in question and sought setting aside of eviction order alleging that it was a result of fraud and misrepresentation---Rent Controller dismissed the application under S.12(2), C.P.C. filed by the petitioner on the ground that provisions of Civil Procedure Code, 1908, were not applicable to proceedings before Rent Controller---Order passed by Rent Controller was maintained by Lower Appellate Court---Validity---Proceedings taken by Rent Controller, after recording statement of attorney of petitioner, became without lawful authority as the attorney had performed an act for which he was never authorized, thus order of ejectment was procured by practising fraud upon the Court---Though Civil Procedure Code, 1908, was not applicable to rent proceedings but fact remained that Rent Controller should follow equitable principles contained in Civil Procedure Code, 1908, for the reason that no wrong could be left un¬remedied---Every court or tribunal had inherent jurisdiction to rescind or recall a void order passed by itself---Order of eviction passed against petitioner was a void order as the same was procured fraudulently and by making misrepresentation---Every court or tribunal had the power to even suo motu recall or review an order obtained from the Court by fraud on general principle that fraud vitiated the most solemn proceedings and no party should be allowed to take advantage of his own fraud---High Court declared the order passed by both the Courts below as ineffective and void and the same was set aside---High Court directed Rent Controller to follow the rule laid down by superior courts and to proceed in accordance with law---Petition was allowed accordingly.