| Citation(s) |
|---|
| 2014 SLG 1656 2014 SLD 1656 2014 CLC 417 |
Lahore High Court
Intra-Court Appeal No.95 of 2013 in Writ Petition No.2721 of 2012, decision dated: 29-10-2013.
SYED IFTIKHAR HUSSAIN SHAH AND KH. IMTIAZ AHMED, JJ
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Intra-Court Appeal No.95 of 2013 in Writ Petition No.2721 of 2012, decision dated: 29-10-2013.
SYED IFTIKHAR HUSSAIN SHAH AND KH. IMTIAZ AHMED, JJ
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PROVINCE OF PUNJAB through Secretary, Local Government and Community Development, Lahore and 3 others
VS
BEZAD HAIDER KHAN
Law:
Section:
(a) Limitation-------Office objection---Effect---Time specified by office for removal of objections does not stop limitation from running. (b) Law Reforms Ordinance (XII of 1972)--- ----S. 3---Limitation Act (IX of 1908), S.5---Intra-court appeal---Limitation---Office objection---Respondent raised objection that Intra-court appeal was time-barred and no application for condonation of delay had been filed---Validity---Period from the date of raising objection by office till refiling of the case could not be excluded under Limitation Act, 1908 and the proper course for the appellant was to file an application for condonation of delay while refiling appeal after removal of objections---Notice regarding objections raised by office was displayed on Notice Board and appellants had the knowledge of the same---Intra-court appeal was dismissed in circumstances. Bank of Punjab v. Punjab Labour Appellate Tribunal PLD 2010 Lah. 666; Collector Land Acquisition v. Fazal ur Rehman 2009 SCMR 767; Mst. Bhakhan v. Mst. Ghulam Janat 2005 SCMR 1662; Government of Balochistan v. Ghulam Muhammad 2001 SCMR 19; Board of Governors v. Farah Zahra PLD 2005 SC 153 and Government of Balochistan v. Muhammad Ali 2007 SCMR 1574 ref. Shahid Mehood Abbasi, A.A.-G. for Appellants. Tanveer Iqbal Khan for Respondent. ORDER The present Intra-court appeal has been preferred against the order/judgment dated 23-5-2013 passed by the learned Single Judge in Chamber whereby a Writ Petition No.2721 of 2012 filed by the respondent against the appellants was accepted. 2. The respondent-Beyzad Haider Khan was a contract employee in the office of the Assistant Director, Local Government and Rural Development Department Attock, who has sought his regularization of his services in accordance with the notification dated 14-10-2009 issued by the Government of the Punjab. The writ petition was accepted and the respondents/appellants were directed to regularize the service of the respondent in compliance of notification dated 14-10-2009 issued by the Government of the Punjab, S&GAD (Regulation Wing). 3. Learned counsel for the respondent at the very outset has contended that Intra-court appeal is barred by…
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