1968 PLP 1403 (SCMR)

(On appeal from the order of the High Court of West Pakistan, Lahore, dated the 23rd November 1967, in Writ Petition No; 610‑R of 1967).

‑Settle ment authorities given same power as vested fn a Civil, Court under the Civil Procedure Code 1908‑Death of respondent pending revi sion before Settlement authorities‑‑Petitioner seeking to bring legal representatives of deceased on record called upon to file process fee but failing to do so‑Settlement authorities, in circumstances, held, acted within their right to dismiss petition. JUDGMENT FAZLLE‑AKBAR, C. J.‑The only question raised in this petition for special leave to appeal is whether the Settlement Commissioner acted within his power in dismissing a revision petition for non‑payment of process fees. This question arises in the following circumstances :‑ The Deputy Settlement Commissioner transferred property No. S‑W‑III‑56‑S‑14 Krishan Nagar, Lahore, to the petitioner on his C. H. Form. On appeal, the Additional Settlement Com missioner reversed his order and transferred the disputed property to Abdur Rashid. During pendency of the revision petition before the Settlement Commissioner filed by the present petitioner, Abdur Rashid died. On a petition filed by the petitioner for substitution of the heirs and legal representatives of Abdur Rashid, deceased, in the revision petition, the Settlement Commissioner ordered for issue of notices to the legal representa tives of the deceased and also directed the petitioner to deposit process fees. As he failed and neglected to do so within the time allowed to him, the Settlement Commissioner dismissed the revision petition. The petitioner filed a petition for restora tion of the revision petition but the same was also dismissed. He then moved a writ against the order of the Settlement Commissioner but the same was dismissed in limine. He now seeks special leave to appeal to this Court against the order of the High Court. We are not impressed with the argument of the learned counsel that the petitioner was not bound to file the process fees and, as such, his petition could not be dismissed for the said default. Under the Displaced Persons (Compensation and Rehabilitation) Act, 1958, the Settlement Authorities have been given the same power as vested in a Civil Court under the Code of Civil Procedure. There can, therefore, be little doubt that the Settlement Commissioner acted within his power in asking the petitioner to deposit process fees for serving notices on the legal representatives of the deceased‑respondent. The petitioner had applied for bringing the said legal representatives on record and it was, therefore, incumbent upon him to pay the process fees for service of notices on them. As he failed to do so, the Settlement Commissioner dismissed the revision petition. The learned Judges of the High Court have, therefore, rightly held that the Settlement Commissioner acted within his power in dismissing the petition. In our opinion, this petition is without any merit and it is, accordingly, dismissed. Leave refused.