Law:

Section:

(a) Civil Procedure Code (V of 1908)--- -- O. XLVII, r. 1 read with Constitution of Pakistan (1962), Art. 98 and Limitation Act (IX 9f 1908), S. 5-Review -Petition filed by Forest Department against passed in writ petition barred by time-- Delay of each day not satisfactorily explained-No sufficient cause shown for condonation of delay-Party guilty of contumacy, positive mala fides or lack of bona fides-Held, not entitled for any indulgence in terms of S. 5 of Limitation Act-Action of Forest Department in ex facie false affidavit based on misrepresentation and concealment of facts in an abortive attempt to seek condonation of delay in time ­barred review petition-Held, devoid of all ethical notions and moral obligations and tantamounts to practicing fraud on Court-Department expected in future to act honestly and conscientiously and irrespective of merits of individual cases. Mst. Walayat Khatoon v. Khalil Khan and another P L D 1979 S C 821 and Province of West Pakistan, Lahore v. Mian Noor Ahmed and others 1975 SCMR91ref. (b) Civil Procedure Code (V of 1908)- -- O. XLVII, r. 1 read with Constitution of Pakistan (1962), Art. 98­Review-Petition for review of passed in writ petition-­Petitioner not approaching Court with clean hands-Held, not entitled to any indulgence in exercise of discretionary relief of High Court. JUDGMENT This review petition has been filed on behalf of the Forest Department under Order XLVII, rule I, C. P. C. against the judgment dated 24th of November, 1981, passed by me in Writ Petition No. 1226-R of 1969. The review petition is accompanied by an application under section 5 of the Limitation Act, 1908 for condoning the delay in filing the review petition, which is barred by thirty-one days. 2. The facts relevant for the disposal of review petition may be briefly stated. Respondents Nos. 1 and 2 filed a writ petition challenging the order, dated 25-10-1969 of the Additional Settlement Commissioner (Lands) by means of Writ Petition No. 1226-R of 1969, which was admitted to a full hearing on 10-12-1969. The Forest Department, through Divisional Forest Officer, Working Plan Forest Division, Gujranwala, was impleaded as respondent No. 2.…

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