Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Limitation Act (IX of 1908)

Section: 5

(a) Prejudice Issuance of Permanent Transfer Deed, by Settlement Authorities ---Non- associating the petitioner in the proceedings of issuance of the Permanent Transfer Deed---Where the petitioners remained unsuccessful up to Supreme Court after having full opportunity of hearing and the Settlement Authorities had only implemented the orders of High Court and Supreme Court, no prejudice was caused to the petitioners by Settlement Authorities while passing the orders of Permanent Transfer Deeds in compliance with the orders of the High Court and Supreme Court. (b) Civil Procedure Code (V of 1908) S. 115---Limitation Act (IX of 1908), S.5---Delay, condonation of-- Revision was barred by 31 days---Cause of delay was alleged to be serious illness of the petitioner---No proof was placed on record about the serious ailment of the petitioner which prevented her to challenge the judgment of Lower Appellate Court within time---Effect---Where the son of the petitioner was looking after the matter and nothing was shown that the son was also prevented by a sufficient cause to file the petition within time, delay was not condoned.                                                                                                                                    ORDER This dispute between the parties relates to Property No.7/19-20, situate in Mandi Baha-ud-Din. According to the facts of the case, vide order, dated 26-11-1959 the Deputy Settlement Commissioner transferred the said property in favour of Jangoo and Chota and issued P.T.O. No.23670. Bashir, Sardar and Ibrahim, tiled an appeal before the Additional Settlement Commissioner challenging the said transfer and claiming transfer of three shops in their favour being in possession thereof. The Additional Settlement Commissioner accepted the appeal of Sardar All and Ibrahim and transferred two shops…