Civil Court power

   Civil Court power

   

           P L D 2022 Supreme Court 699

              Civil Procedure Code 1908.

----S. 9---Constitution of Pakistan, Art. 199---Matters decided by Special/Administrative Tribunals---Limited jurisdiction of Civil Courts---Grounds upon which the legality of an order passed by administrative tribunals or authorities, such as the revenue hierarchy, may be challenged before the civil courts stated.

  Following are some of the grounds upon which the legality of an order passed by administrative tribunals or authorities, such as the revenue hierarchy, may be challenged before the civil courts:

i.      Whether the matter falls within the scope of the power conferred by the relevant statute upon the administrative tribunal making the impugned order;

ii.     Whether the impugned order could have been made under the relevant statute by the administrative tribunal;

iii.    Whether the impugned order states the ground/reason on which it has been made;

iv.    Whether the ground/reason stated in the impugned order falls within the grounds stated by the relevant statute;

v.     Whether a fair and meaningful opportunity of hearing was provided to the aggrieved person before making the impugned order; and

vi.    Whether the finding recorded in the impugned order on disputed fact(s) is based on some evidence.