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K.L.R. 1991 Civil Cases 132

ALI AHMAD ETC. vs MUHAMMAD SIDDIQUE ETC.

CitationK.L.R. 1991 Civil Cases 132
CourtLahore High Court
Case No.I.C.A. No. 37 of 1985
Date1986-05-21
Judge(s)Mian Mahboob Ahmad, Khizar Hayat
ResultN/A

ORDER

MAHBOOB AHMAD, J.-The learned counsel contends that the orders of the Deputy Settlement Commissioner which was impugned in the writ Petition is dated 8th of June, 1974 on which date there was no right of appeal available against the said order the provisions regarding appeal having been abolished by the Evacuee Property and Displaced Persons Laws (Amendment) Act LV of 1973 and that the amendment in the Law Reforms Ordinance by Act VI of 1975 whereby the remedy of I.CA. Against an order/judgment of a learned Single Judge became non-available even in the cases where the review and revision was available against the original order having come into existence in 1975 the ICA against the order of the learned Single Judge would be maintainable in the instant case. Relies on PLD 1977 Lahore 501 in support of his contention.

2. The learned counsel also contends that to non-suit the appellant the learned Judge in Chamber had relied upon PLD 1958 (W.P.) Lahore 48 which view has been differed with in PLD 1966 Supreme Court 483 wherein it has been held that an omnibus order could be passed by the Rehabilitation Commissioner.

3. The points raised require consideration. Admit. Notice.

Notice also in the prayer for interim relief.

4. Raja Muhammad Younas and Mr. Habibur Rehman Ansari Advocates accept sen on behalf of respondent No. 1. Let notice, therefore, issue to the remaining respondents only.

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