Case Details

Citation(s)
1975 SLG 3208 = 1975 SLD 3208 = 1975 PLD 401
Lahore High Court
Writ Petition No. 696-8 of 1974, decided on 19th July 1974.
Presented By: A. R. Sheikh, J
Muhammad Tufail v. Abdul Ghafoor and others P L D 1958 S C (Pat) 201 ; Zaitoon Begum v. Ghulam Shabbir P L D 1964 Kar. 100 and Zuhalr Siddiqi v. M. H. Sufi P L D 1964 Lab. 453 ref. Mst. Allah Rakhi v. Mst. Raj Bibi and others P L D 1957 Lab. 70 rel. Ch. Khalilur Rehman for Petitioners. Malik Shaukat Ali for
Respondents Nos. 1 to 5. Nemo for
Respondent No. 6.

GULZAR HASSAN AND ANOTHER-Petitioners

VERSUS

AZIZ-UR-RAHMAN AND 5 OTHERS-Respondents

Law: Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)

Section: 21, 31

Displaced Persons (Compensation and Rehabilitation) Act (XXV111 of 1958)  S. 21(31-Review, power of-Confined to correction of clerical or arithmetical mistakes or errors arising from any accidental slip or omission-Attorney of party present before Settlement Authority but because of absence of his counsel attorney not examined ac his own witness and evidence closed-Subsequently on prayer of party opportunity given to attorney to be examined as his own witness Tribunal, held, had inherent power to pass further order and examine attorney-Objection that this amounted to review, held, hyper technical and not valid. Date of hearing : 19th July"1974.                                                                                                                            JUDGMENT This judgment will dispose of petitioner's writ petition calling in question the validity of the order of the learned Settlement Com missioner permitting examination of attorney of the respondent as his own witness despite the fact that on an earlier date respondent's evidence had been closed for non-presence of witnesses. 2. The admitted facts are that after the order of remand passed by this Court in Writ Petition No. 1009/R of 1962, the matter has been pending before the various Settlement Commissioners and ultimately it came up for hearing before Mr. Ijaz Ahmad, Settlement Commissioner on the 10th of December 1973, to whom the case had been entrusted for disposal. The following order was passed by the Settlement Commissioner on the said date- "Called. Mr. Gulzar Hassan, Advocate is present in person who is representing self and Ch. Altaf Hussain, Advocate on behalf of Ch. Khalilur Rehman, Advocate- for Mrs. N. G. Hassan. Mr. Mohammad Abdullah Ahmad. General Attorney for Aziz-ur-Rehman, Zia-ur-Rehman, Mst. Sardar Begum and others is present who has been directed…
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