Pakistan Case Lawโ† Search
PLD 1986 Rev. 99

MUHAMMAD IBRAHIM vs LAKHANO

CitationPLD 1986 Rev. 99
CourtSindh Revenue Board
Case No.S. Review No, 382 of 1973-74,
Date1975-06-27
Judge(s)D. S. Soomro
Resultpetition dismissed

ORDER

' This is a petition for review of the order, dated 20-2-1971 passed by the then Additional Member, Board of Revenue, Sind whereby he had dismissed revision petition of Muhammad Ibrahim in respect of grant of 16 Acres out of U. A. No, 172 of Deh Chak, Taluka Badm.

2. The impugned order was passed and announced in the presence of the parties on 20-2-1971. The present petition has been filed on 23-5-1974. According to section 8 of the Board of Revenue Act, review petition could be made within 90 days from the date of order and as such it is time-barred by more than 3 years. The counsel for the petitioner, however, contended that there has been grave injustice in this case and in view of general provisions of General Clauses Act, the authority who passed an order could rescind the same at any time and therefore, the previous order in this case may be withdrawn irrespective of the lapse of time and bar of limitation. Since review to Board of Revenue is governed by the provisions of Board of Revenue Act, the question of application of the provisions of General Clauses Act, does not arise as the Board of Revenue Act is a special enactment. Besides, the provisions of section 5 of Limitation Act have not been specifically applied to the proceedings under A Board of Revenue Act and in view of provisions of section 29 of Limitation Act, section 5 of the Act would not be applicable to these proceedings automatically. In view of this position, the delay in preferring review petition cannot be condoned and review petition is dismissed as hopelessly time-barred .

Review .

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch