PLD 1965

P L D 1965 W (PLP)

RAHIM BUX‑Petitioner Versus NUR DIN AND OTHERS‑‑Respondents

Jurisdiction / Court
High Court
Decided Date
27th July 1965 District Montgomery
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation P L D 1965 W (PLP)
Forum / Court High Court
Bench Members N/A
Parties RAHIM BUX‑Petitioner Versus NUR DIN AND OTHERS‑‑Respondents
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in P L D 1965 W (PLP)?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case P L D 1965 W (PLP)?

The case was heard and decided by the High Court bench comprising: N/A.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: P L D 1965 W (PLP) (RAHIM BUX‑Petitioner Versus NUR DIN AND OTHERS‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Representation

  • Sh. Abdur Rashid for Petitioner.
  • Syed Asad Ali Rizvi for Respondents Nos. 1, 3, 4 and 5.

Headnotes / Summary

S. 16‑Second RevisionLimitation‑Ninety days from order of Commissioner though no period of limitation prescribedPractice established by consistent rulings of Financial Commissioners and Board of Revenue‑Second Revision filed beyond ninety days after allowing for time spent in obtaining copies rejected as time‑barred P L D 1964 S C 97, held, not in reference to Revenue Act which is a special Act‑Considerations made in respect of general law not applicable to special law.

Judgment & Decree

Sh. Abdur Rashid for Petitioner. Syed Asad Ali Rizvi for Respondents Nos. 1, 3, 4 and

5. Respondent No. 2 : Ex parte. This is a second revision filed, against an order dated the 3rd of December 1963, passed by Additional Commissioner, Multan, whereby the revision preferred by the petitioner was rejected. The order was passed by the Commissioner on the 3rd of December, 1963. The petitioner applied for copies on 12‑12‑1963 and got them on 2‑1‑1964. Excluding the period spent in obtain ing copies, the present revision is time‑barred because it was filed after the expiry of 90 days. It is true that the law does not lay down any period of limitation but there have been consistent rulings of the Financial Commissioners as well as the Board of Revenue that the Board of Revenue will not interfere if a revision is filed more than 90 days after the date of the order. The learned counsel for the petitioner has referred me to. P L D 1964 S C

97. This ruling is not with reference to the Revenue Act which is a special law. Considerations made in respect of general law cannot, therefore, be applicable to it. In these circumstances, I reject the revision as time‑barred. A.H. Petition rejected.