Law:

Section:

(a) Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction of High Court---Scope---Such jurisdiction could be exercised to check glaring illegality and jurisdictional defect visible on face of record of subordinate tribunals, but not to decide factual controversy. (b) West Pakistan Consolidation of Holdings Ordinance (VI of 1960)--- ----S.13---West Pakistan Land Revenue Act (XVII of 1967), S.164---Limitation Act (IX of 1908), Ss. 5 & 29(2)---Appeal against order of confirmation of consolidation scheme---Condonation of delay---Scope---Provisions of Limitation Act, 1908, unless specifically made applicable by West Pakistan Consolidation of Holdings Ordinance, 1960, would not apply thereto, for being a special law having provided limitation thereunder. JUDGMENT AMIN-UD-DIN KHAN, J.---Through this writ petition the petitioners have called-in-question the order passed by the Member (Judicial-V) Board of Revenue Punjab, Lahore dated 25-6-2004 in ROR No. 763 of 1998 filed by the petitioners. 2. The facts of the case are that Mauza Barreka Hithan, Tehsil and District Bahawalnagar was under consolidation. The Consolidation Officer confirmed the consolidation scheme on 25-5-1993. Scheme No. 51 was of the petitioners whereas Scheme No.81 was of the respondents. Ghulam Hussain petitioner No.1 was also member of Mashawarti Committee. On 29-12-1993 petitioners filed an appeal before the Additional Deputy Commissioner/Collector (Consolidation) Bahawalnagar, which was filed after the prescribed period of limitation. In this appeal the petitioners contended that their owned and possessed land has been given to the respondents, therefore, they prayed that the land mentioned in this appeal be given to them. On 29-3-1994 petitioners filed an application praying therein that they be allowed to amend the memo of appeal so that the land mentioned in this application be mentioned in the memo of appeal and this land be given to the petitioners. Respondents filed reply of this application on 28-6-1994 and they submitted that this application is frivolous and that this application as well as the appeal be dismissed. There is no order for granting permission to amend…

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