Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Art (XXVIII of 1958)--- -----S. 19-Appeal-Limitation--Petitioner filing application for setting aside ex parte order on 3-2-1971 knowing facts of cancellation of transfer from his name, resumption of property, and its purchase by respondent--Appeal against cancellation of transfer in his name filed on 2-10-71-No explanation offered for 8 months delay from 3-2-1971 to 2-10-1971-Appeal, held, rightly dismissed as grossly time barred.---(Appeal civil)-Limitation]. Rafiquddin Ahmad v. Muhammad Ishaque 1974 S C M R 105 ref. ORDER MUHAMMAD AFZAL CHEEMA, J.,-This petition for special leave to appeal is directed against the order of a learned Judge of the Lahore High Court, dated 13-12-1974, whereby Writ Petition No. 302-R of 1973 filed by respondent No. 1 was allowed. The revisional order of the Settlement Commis­sioner accepting the petitioner's revision petition was set aside, and the order of the Additional Settlement Commissioner, dated 12-5-1972 made in favour of respondent No. 1 was restored. 2. The dispute relates to Shop No. 304, ward No. 1, Shujabad, District Multan, which was transferred to the petitioner in the first instance and owing to default in payment of price was cancelled from his name and purchased by the respondent in public auction on 14-12-1968. The respon­dent initiated ejectment proceedings against the petitioner and obtained an order in his favour dated 28-5-1911. The petitioner moved an application under Order IX, rule 13, C. P. C., for setting aside the ex-pane order on the ground that he had no knowledge of the ejectment proceedings. This order appears to have been recalled. Yet another order of ejectment was passed against him in fresh proceedings. The petitioner then preferred a rather belated appeal against the earlier order of cancellation of transfer in his favour, dated 4-12-1968 which was dismissed by the Additional Settlement Commissioner on 12-5-1972 on ground of limitation. The petitioner, however, succeeded in revision before the Settlement Commissioner who accepted his plea that the order of cancellation and resumption was made behind his back without notice to him and as such…

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