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1986 SCMR 1666

M. SHAFIE vs SECRETARY TO GOVERNEMNT OF PAKISTAN HOUSING AND

Citation1986 SCMR 1666
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No. 112-K of 1986 Appeal No. 4(K) of 1986
Date1986-06-03
Judge(s)Zaffar Hussain Mirza, Abdul Qadir Sheikh
ResultLeave granted

ORDER

1. ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the judgment of Federal Service Tribunal, dated 13-2-1986 dismissing an appeal filed by the petitioner on the ground that it was hopelessly barred by time.

2. It has escaped the notice of the Service Tribunal that the impugned order before the Tribunal was passed before 1st July, 1969 and petitioner's appeal was, theref-e, not competent due to the bar of Proviso (c) to subsection (1) of section 4 of the Service Tribunal Act, 1973. Petitioner, therefore, submits that had the Service Tribunal dismissed his appeal on the aforesaid ground, he would have sought relief from a competent Court of law. We grant leave to examine only this plea.

3. Appeal will be heard on the present record within two months. It is, however, open to the parties to file additional documents, if any.

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