Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: 20

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--- ----S. 20---Revision---Revision could only be decided after calling for record of case---Additional Settlement Commissioner was in error in proceeding to dispose of revision without having record of the case before him. Ch. Abdul Razzak for Petitioners. Nemo for Respondent No.1. Hamid Ali Mirza for Respondent No.2. Date of hearing: 16th July, 1991. JUDGMENT This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan 1973, calls in question the order of the Addl. Settlement Commissioner dated 23rd September, 1976, whereby he set aside the order of resumption of the property in, dispute passed by the Deputy Settlement Commissioner. Learned counsel for the petitioners has contended that the revision filed by the petitioners was decided by the Addl. Settlement Commissioner in the absence of the record of the case, in violation of the provisions of section 20 of the Displaced Persons (Compensation and Rehabilitation) Act, 1950. This plea finds support from the impugned order itself, in which it has been mentioned that   the "relevant record of the lower Court which was submitted to the H.Qr. Office (Writ Branch) was not forthcoming despite many a letter sent for the purpose" and the case was being decided on the basis of the documents produced by the…