Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 161

Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: O.XLI,R.1

West Pakistan Land Revenue Act (XVII of 1967)--- ---S. 161---Civil Procedure Code (V of 1908), O.XLI, R.1---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Dismissal of appeal for non-filing attested copies of impugned order with memorandum of appeal---Appellate Court without adverting to merits of the case dismissed the appeals filed by the petitioners on the sole ground that those were not accompanied by the attested copies of the impugned mutations---Contention of counsel for petitioners was that when it was not the requirement of S.161 of West Pakistan Land Revenue Act, 1967 that the memorandum of appeal be accompanied by an attested copy of impugned order, it could not have been dismissed by invoking application of R.I. of O.XLI of C.P.C.---Once after hearing the appeals in motion, the record of the lower forum was summoned, Additional Deputy Commissioner should not have dismissed those without adverting to the merits of the case simply because those were not accompanied by the attested copies of the impugned orders---Allowing petition, impugned orders were set aside. Ghulam Muhammad v. Sardar Muhammad PLD (Revenue) 1956 West Pakistan 32 ref. THIS JUDGMENT DELIVERED BY: EJAZ AFZAL KHAN, J.--- Shahzada Aman-I-Room and others, petitioners in writ petitions Nos. 327, 328 and 1455 of 2044 have impugned the orders, dated 20-3-2003 of the learned Senior Member Board of Revenue whereby he dismissed the revision petitions filed by the petitioners and upheld the orders dismissing their appeals. Since a common question of law is involved in these petitions, they are disposed of by this single judgment. 2. It was argued by the learned counsel for the petitioners that the learned appellate Court without adverting to the .merits of the case dismissed the appeals filed by the petitioners on the sole ground that they were not accompanied by the attested copies of the impugned mutations. The learned counsel next submitted that when it is not requirement of section 161 of the West Pakistan Land Revenue Act that the memorandum of appeal be accompanied by an attested copy of the order impugned, it could not have been dismissed by invoking the…

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