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1990 SCMR 1020

RAHIM BAKHSH vs ADDITIONAL SETTLEMENT COMMISSIONER

Citation1990 SCMR 1020
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos. 2 of 1982 and 692 of 1983
Date1989-09-16
Judge(s)Saad Saood Jan, Syed Usman Ali Shah
ResultLeave refused

ORDER

' SAAD SAOOD JAN, J.--These are two petitions for special leave to appeal from the same judgment of the Lahore High Court.

2. The petition bearing No, 692/83 is barred by 835 days. The petitioner seeks condonation of the delay. It may be mentioned that the petitioner had preferred an Intra-Court appeal from the order of the learned Single Judge. It was dismissed as incompetent. The petitioner prays that the time spent in pursuing the Intra-Court appeal should be excluded in computing limitation. In view of the judgments of this Court in Noor Muhammad v. Assistant Commissioner 1986 SCM R 292, Mst. Hajran Khatoon v. Chief Settlement Commissioner 1987 SCM R 1153 and Syed Sajjad Haider v. Field General Court Martial 1988 SCM R 1035, we can hardly find this as sufficient ground for condonation of the delay. The petition is therefore dismissed as barred by time.

3. As regards C.P. No, 2 of 1982, it may be stated that the dispute between the parties relates to a house situate in Sutar Mandi inside Lahori Gate, which was found to be divisible. The petitioners have already been given the portion that was in their possession. Leave is refused.

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