1987 PLP 721 (SCMR)
QARYAM‑‑Petitioner Versus MEMBER, BOARD OF REVENUE and others‑‑Respondents
| Citation | 1987 PLP 721 (SCMR) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | QARYAM‑‑Petitioner Versus MEMBER, BOARD OF REVENUE and others‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 721 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 721 (SCMR)?
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: 1987 PLP 721 (SCMR) (QARYAM‑‑Petitioner Versus MEMBER, BOARD OF REVENUE and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S. Inayat Hussain, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 14th February, 1987.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Multan Bench, dated 1‑12‑1986 passed in Writ Petition No. 1318 of 1986). ‑‑‑Art. 185(3)‑‑Limitation Act (IX of 1908), S.5‑‑Limitation‑‑Condonation of delay‑‑Discretionary order‑‑Time‑barred appeal and revision‑‑Disposal on merits challenged‑‑Plea that mind was not applied on question of limitation though this fact was specifically noted in order, not sustained‑‑Point of limitation was duly noticed and appeal disposed of on merits‑‑Authorities concerned having jurisdiction to condone delay and having done so, no question of interference with such discretionary order arose‑‑Petition having no merit, dismissed.
Judgment & Decree
‑‑‑Art. 185(3)‑‑Limitation Act (IX of 1908), S.5‑‑Limitation‑‑Condonation of delay‑‑Discretionary order‑‑Time‑barred appeal and revision‑‑Disposal on merits challenged‑‑Plea that mind was not applied on question of limitation though this fact was specifically noted in order, not sustained‑‑Point of limitation was duly noticed and appeal disposed of on merits‑‑Authorities concerned having jurisdiction to condone delay and having done so, no question of interference with such discretionary order arose‑‑Petition having no merit, dismissed. S. Inayat Hussain, Advocate‑on‑Record for Petitioner. Nemo for Respondents. Date of hearing: 14th February, 1987. S.A. NUSRAT, J‑‑The consolidation scheme in Mauza Wafardarpur Tehsil and District Muzaffargarh was confirmed on 27‑3‑1980. After two years five months and twelve days the respondents Nos. 4 and 5 preferred an appeal before the respondent No. 3 which was accepted and disposed of on merits by order, dated 3‑12‑1984. This order was challenged in appeal which was dismissed by the Additional Commissioner, Multan on 27‑6‑1985 and a further revision of the petitioner was also dismissed by the Board of Revenue on 12‑5‑1986.
2. It was contended by the learned counsel for the petitioner that the Additional Deputy Commissioner/ Collector, Multan had allowed the appeal of the contesting respondent without applying his mind on the question of limitation though this fact was specifically noted in the order. Likewise, the point of limitation was ignored by the Additional Commissioner, Multan as well as Member Board of Revenue while passing the orders on petitioner's appeal and revision.
3. We have gone through the various orders passed in the case and find that in the very first order passed by the Additional Deputy Commissioner, dated 3‑12‑1984 the point of limitation was duly noticed and the appeal was disposed of on merits. The order passed by the Board of Revenue, dated 12‑5‑1986 also mentions that the Collector was justified in condoning the delay in the filing of the appeal. The authorities concerned had jurisdiction to condone the delay and having done so no question of interference with such discretionary order arises at this stage. The petition has, therefore no merits and is dismissed accordingly. M.I. /Q‑2/S Petition dismissed.