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PLD 1986 Rev. 153

RAHIM DINO vs BHALLOO

CitationPLD 1986 Rev. 153
CourtSindh Revenue Board
Case No.Case No, S. R. 0. R.-193 of 1974-75,
Date1976-12-07
Judge(s)Bashir Ahmed Moriani
ResultRevision dismissed

ORDER

' This is a revision petition against the order, dated 1-1-1975 passed by the learned Additional Commissioner, Hyderabad Division, whereby he rejected the appeal of the petitioner in respect of grant of lease of S. Nos. 391 and 392 of Deh Soonthi, Taluka Samaro for five years from Rabi 1974-75.

2. The impugned order was passed on 1-1-1975. Certified copy of the impugned order was applied for on 24-4-1975 and issued on 25-4-1975. The present petition has been filed on 28-4-1975. The revision petition could be filed within 90 days from the date of order under section 164 of land Revenue Act, 1967. The present petition is, therefore, time-barred by 25 days. The counsel for the petitioner requested for condonation of delay on the ground that the petitioner was sick. He has produced two medical certificates in support of the illness of the petitioner. The counsel for the respondent argued that the medical certificates did not pertain to the relevant period of delay and that the illness prescribed was not of such nature that the petitioner was prevented from filing the petition in time. He referred to the following rulings and stressed that in the circumstances of the case the delay was not condonable:

(1) PLD 1970 SC 87 (2) PLD 1971 Lab. 332/338.

(3) PLD 1971 Quetta 69, (4) PLD 1973 Kar. 503-618.

(5) PLD 1972 Kan 103 (6) p L D 1972 Kar. 116,

3. I have seen the medical certificates. These do not show that the petitioner was an indoor patient and was not able to move out. Besides neither any medical certificate has been produced for an intervening period from 15th January to 1st February, 1975 nor any other convincing explanation has been given. The limitation is the vested right of the parties and cannot be ignored without adequate justification. There is no cogent ground for condonation of delay in the present case and consequently the revision petition is dismissed on the ground of limitation.

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