Law: Land Acquisition Act, 1894

Section: 18,53,54

Law: Limitation Act, 1908

Section: 153,181

Law: Civil Procedure Code (V of 1908)

Section: O.XLI,19,O.IX,9,O.XLIII,1(c),96

(a) Land Acquisition Act (I of 1894)--- ----Ss. 18, 53 & 54---Civil Procedure Code (V of 1908), O. XLI, R. 19, O. IX, R. 9, O. XLIII, R. 1 (c) & S. 96---Limitation Act (IX of 1908), Arts. 153 & 181---Land acquisition--- Reference to court, restoration of--- Appeal--- Competence---Condonation of delay---Scope---Plaintiff filed application for restoration of reference which was dismissed being time barred---Validity---Provisions of Civil Procedure Code, 1908 had been made applicable to all the proceedings under Land Acquisition Act, 1894---No appeal lay to the High Court against an order which was not an award or any part thereof as rights and liabilities of the parties would be determined finally and conclusively in the award as were determined in original decree---No award or any part thereof was passed by the court below in the present case---Application was dismissed for non-prosecution without any conclusive determination or adjudication of rights and liabilities of the parties, therefore appeal could not be filed under S.54 of Land Acquisition Act, 1894 or under S. 96, C.P.C.---Appeal should have been filed before the High Court under O.XLIII, R. 1(c), C.P.C.---Limitation for filing an appeal under Civil Procedure Code, 1908 to High Court against an order of court below was 30 days from the date of said order---Residuary Art. 181 of Limitation Act, 1908 would apply only to the cases where no limitation was provided in the said Act---Present appeal was not filed within 30 days which was barred by time---Plaintiff was bound to file an application for condonation of delay explaining the delay of each and every day up to the date of filing of present appeal in order to seek concession of condonation and discretion of court---No such application had been moved by the plaintiff and delay in filing of appeal could not be condoned in the absence of said applica-tion---Appeal was dismissed in circum-stances. Board of Governors, Area Study Centre for Africa and North America, Quaid-e-Azam University, Islamabad and another v. Ms. Farah Zahra PLD 2005 SC 153; Allah Dad v. The Board of Revenue, Sindh and 5 others PLD 1981 Kar. 73; Ali Muhammad v. Additional…

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