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1991 SCMR 1538

MUHAMMAD KHAWAJA vs BAHADUR And 25 Other

Citation1991 SCMR 1538
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No.3 of 1987 Petition No. 1809 of 1980
Date1991-08-29
Judge(s)Muhammad Afzal Zullah, Dr. Javed Iqbal
ResultLeave refused

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought; against the dismissal by the High Court, of petitioner's Writ Petition which had arisen out of his failure in a consolidation of holdings case before a learned Member, Board of Revenue, in Second Revisional jurisdiction.

2. The petitioner's appeal was dismissed by Collector as time-barred. His First Revision, however, was allowed after condonation of delay and also by making some adjustments in the land holdings of the respective parties. The learned Member, Board of Revenue allowed respondents' second revision and restored the order of the Collector; the petitioner's Writ Petition failed -- both on merits as well as on question of limitation.

3. We asked the learned counsel to first argue the question of limitation as the merits would have to be considered after the petitioner could cross the hurdle of limitation.

4. After hearing him on this point we are of the view that apart from the reasons advanced in the impugned judgment by the High Court for refusal to interfere with the order of the Board of Revenue, vis-a-vis, the question of limitation, otherwise too that aspect of the matter in the circumstances of this case, fell within the discretionary field of the lower forums. There was no justification for the High Court for interference with this discretionary exercise in its own discretionary' jurisdiction. The impugned judgment, therefore, in this behalf is unexceptionable on this additional ground. Leave to appeal is hence, refused. There is no need for examination of the other merits of the case. The petition, accordingly, stands dismissed.

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