| Citation(s) |
|---|
| 1979 SLG 640 1979 SLD 640 1979 SCMR 513 |
Supreme Court of Pakistan
Civil Review Petition No. 2 R of 1978 in C. P. S. L. A. No. 767 of 1975, decision dated: 27-05-1979.
MUHAMMAD AKRAM AND DORAB PATEL, JJ
S. M. Rashid, Advocate. Hamid Aslam Qureshi, Advocate
Civil Review Petition No. 2 R of 1978 in C. P. S. L. A. No. 767 of 1975, decision dated: 27-05-1979.
MUHAMMAD AKRAM AND DORAB PATEL, JJ
S. M. Rashid, Advocate. Hamid Aslam Qureshi, Advocate
DOST MUHAMMAD
VS
MUHAMMAD RAMZAN ETC.
Law:
Section:
(a) Supreme Court Rules, 1956 ------O. XXVI Review No error apparent in Court's order and review application passed on a plea falsified by petitioner's own statement ¬Review petition, held, merits dismissal on such grounds. [Review]. (b) Constitution of Pakistan (1973) --- Art. 185(3) read with Art. 188 and Supreme Court Rules, 1956, O. XXVI Review-Contention that Deputy Settlement Commissioner passed order transferring house in dispute to respondent after recording of petitioner's statement and after he had gone away and thus behind his back Held : Assuming petitioner having left immediately after recording of his statement, impossible to believe petitioner not having taken any steps between 1959 and 1973 to find out what had happened to his application for transfer of house to himself No explanation given as to how petitioner, suddenly came to know of impugned order in 1973 Petitioner's presence before Deputy Settlement Commissioner in 1953 when order of transfer in favour of respondent passed not disputed Petitioner's suppression of his application for condonation of delay before Settlement Commissioner also a significant fact Settlement Commissioner, in circumstances; erred in law in allowing a patently time barred application for revision filed by petitioner Submissions thus made relatable only to merits of case but no ground made out for review of Court's order. [Review]. ORDER DORAB PATEL, J. The dispute in this petition relates to a house in Khushab, District Sargodha, which was claimed, when Settlement operation began, both by the petitioner and the first respondent (to whom we will refer in this order as the respondent). The petitioner's claim was rejected by the Deputy Settlement Commissioner by his order dated 18 11 1959, and as the respondent's claim was accepted, the respondent obtained the P. T. O. and P.T.D. for the house on 18 2 1960 and on 12 7 1962 respectively. The petitioner claims to have barnt of the Deputy Settlement Commissioner's order of 18 11 1959 on 14 12 1974, therefore, a week later, he filed a revision against this order before the Settlement Commissioner, and we were informed that this application was supported by an application…
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