Law: Civil Procedure Code (V of 1908)

Section: 47,114

Law: Limitation Act, 1908

Section: 162

Civil Procedure Code (V of 1908)--- ----Ss.47 & 114---Limitation Act (IX of 1908), Art. 162---Notification No.F. 5(2)/2003-AGP, dated 27-05-2003---Constitution of Pakistan, Art. 199---Constitutional petition---Review of judgment---Delay condoning of---Consenting statement---Law Officer, authority of---Applicant / Tehsil Municipal Administration was aggrieved of decision of constitutional petition on the basis of consenting statement made by Law Officer and sought review of that judgment---Plea raised by respondents was that review application was barred by 48 days---Validity---Law Officer was debarred from making a conceding statement before Court, unless written instructions were available with him but it was also mandatory to produce an officer not below the rank of Grade-17 to appear before the Court and verify and reiterate the same---Consent recorded, in the order under review, was detrimental to State exchequer---Such facts escaped notice of High Court and State exchequer was likely to suffer loss---High Court in its inherent jurisdiction could overlook and condone delay to rectify the wrong---Even if there was delay the same was condoned in view of the fact that the Court did not look into the lawful authority of the Legal Advisor to make a conceding statement---High Court set aside judgment passed on the basis of consenting statement of Law Officer---High Court directed the office to fix Constitutional petition for decision afresh on merits---Review application was allowed accordingly. Faisalabad Development Authority v. Raja Jahangir Nasir and others 2004 SCMR 1247; Chairman/Secretary, Pakistan Railways, Ministry of Railways, Government of Pakistan, Islamabad and others v. Muhammad Sharif Javaid Warsi PLD 2003 SC 6; PLD 2003 Journal 95; Pakistan through Ministry of Finance Economic Affairs and another v. FECTO Belarus Tractors Limited PLD 2002 SC 208 and Qazi Munir Ahmed v. Rawalpindi Medical College and Allied Hospital through Principal and others 2019 SCMR 648 ref. JUDGMENT ANWAAR HUSSAIN, J.---Through the titled application, review of order dated 03.04.2019, passed in Writ Petition No.7993/2012, has been prayed for, whereby learned Single Judge…

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