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1987 SCMR 1153

Mst. HAJRAN RHATOON And Others vs CHIEF SETTLEMENT COMMISSIONER

Citation1987 SCMR 1153
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 1007 of 1986 Writ Petition No. 507-R of 1982
Date1987-04-27
Judge(s)Nasim Hasan Shah, Saad Saood Jan
ResultPetition dismissed

ORDER

1. NASIM HASAN SHAH, J.--This petition, according to the office note, is barred by 1419 days.

2. Condonation of delay is sought on the ground that the petitioners had filed an Intra-Court Appeal as the order impugned in the High Court was the order of the Deputy Settlement Commissioner, dated 6-11-1982 and at the relevant time no appeal was competent against this order.

3. There is no force in this plea because the expression "original order" occurring in the proviso to section 3(2) of the Law Reforms Act (VIII of 1972) means the order with which the proceedings under the relevant statute commenced (see PLD 1985 SC 107 and PLD 1984 SC 344) and admittedly, the order with which the proceedings commenced in this case was the order passed by the Deputy Settlement Commissioner on 2-1-1960. As an appeal was competent against the said order under the relevant statute the Intra-Court Appeal filed by the petitioners was incompetent.

4. The benefit for the time taken in pursuing this incompetent appeal cannot, therefore, be allowed.

5. No good ground for condonation of delay is made out. This petition is dismissed as barred by time.

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