Pakistan Case Lawโ† Search
PLD 1978 Rev. 37 Punjab

AZMAT ALI vs Mst. KHAIRUNNISA ETC.

CitationPLD 1978 Rev. 37 Punjab
CourtBoard of Revenue
Case No.Revision No, 1086 of 1976-77
Date1977-05-18
Judge(s)S. M. Nasim
ResultPetition dismissed

ORDER

1. ' This is a revision against the order of the Additional Commissioner/ Land Commissioner, Bahawalpur dared 19.2-1971, in which he dismissed the appeal of the petitioner against the order of the Deputy Land Commissioner, Bahawalpur, dated 25-3-1976, being time-barred. The revision before this Court is also time-barred by 14 days.

2. ' The counsel for the respondent raised a preliminary objection that the Land Reforms Rules did not provide for any condonation of delay in filing the appeal/rivision beyond the prescribed period. In this connection reference was made to PLD 1972 (Rev.) 137 and PLD 1975 Quetta, 44 in which it was clearly laid down that section 5 of the Limitation Act did not apply to a special statute. On this basis it was argued that the present time-barred revision cannot he entertaiue by this Court.

3. ' The counsel for the petitioner argued that due to the special circumstances because of the General Erections in the country the petitioner could not the revision petition in time before this Court and therefore this Court could condone the delay in filing the revision petition within the stipulated period in the interest of justice.

4. ' I have considered the arguments. It appears that the appeal before the Land Commissioner was also filed after the expiry of the prescribed period and be did not find the explanation for the appeal satisfactory and he therefore, dismissed the appeal. No revision can be entertained against such order. Moreover, the explanation given for filing the revision before this Court after the expiry of the prescribed period is also not satisfactory. In view of this no condonation can be allowed. The revision petition is dismissed as being time-barred.

Cited by 1 case

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch