Case Details

Citation(s)
1980 SLD 3016 = 1980 CLC 138
Lahore High Court
Writ Petition. No. 1074JR of 1978, decided on 10th September, 1979.
Presented By: M. S. H. Qureshi and Mazharul Haq, JJ
Major (Rid.) Ishaq Muhammad Khan for Petitioner

Syed MURTAZA SHAH-Petitioner

VERSUS

MAJOR (RETD.) Mufti NAZAR MUHAMMAD AND 3 OTHERS Respondents

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

Section: 20

Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Insurance Act, 1938

Section: 106(6)

(a) Displaced Persona (Compensation and Rehabilitation) Act (XXVIII of 1958)        S. 20 [as amended by Displaced Persons (Compensation and Rehabilitation) (Amendment) Act (LV of 1973)]-Revisional powers of Settlement Commissioner-Intention behind change in law To reduce further litigation by placing time limit on party seeking revision of an order-No time limit, however, placed on revising authority acting on its own. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXV II I of 1958) S. 20 [as amended by Displaced Persons (Compensation and Rehabilitation (Amendment) Act (LV of 1973)] read with Limitation Act (IX of 1908), S. 5-,Revision-Limitation-Condonation of delay-Power under S. 5, Limitation Act, 1908-Held: Available to Revising authority to condone delay in filing an application Power under S. 5, Limitation Act, 1908, held further, not depen dent upon application filed for purpose but upon satisfaction of Court regarding existence of sufficient cause for condonation of delay.-[Revision (civil)-Limitation]. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)  S. 20 [as amended] read with Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S. 2(2) Reeal effect-Act XXVIII of 1958 though repealed by Act yet such matters saved as pended at time of repeal or would be remanded by Supreme Court or High Courts and such matters to be disposed of by notified authority "in accordance with the provi sions of the Act or Regulation hereby repealed to which the proceedings relate"-Repealing Act having taken effect after insti tution of revision application such application, held, saved and to be disposed of in accordance with provisions of repealed Act- Power to act suo motu in revision having been contained in Repealed Act, such power, held further, available to Revising Authority already in seism matter Sardar Ashiq Muhammad Khan Mazari etc, v. Chairman, Federal Land Commission, Islamabad, etc. P L D 1977 Lah. 461 and Muhammad Aslant Khan etc. v. Federal Land Commission etc. P L D 1976 Pesh. 66 distinguished. (d) Civil Procedure Code (V of 1908)  S.…
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