Case Details

Citation(s)
1958 SLG 116 1958 SLD 116 1958 PLD 458
Lahore High Court
Regular Second Appeal No. 454 of 1956, decided on 24th May 1957
ORTCHESON, J
Abdul Salam for Appellant. Mazhar-ul-Haq for
Respondent No. 1.

MUHAMMAD SIDDIQ

VS

PUNJAB PROVINCE and others

Law:

Section:

(a) Limitation Act (IX of 1908), Art. 14--Order in dispute passed by authority having jurisdiction to pass it-Article 14 applicable-Limitation from date of order. Article 14, Limitation Act is only applicable if the order in dispute is passed by an authority having jurisdiction to pass it. If the 'order is without jurisdiction or otherwise invalid, it does not require to be set aside, and Article 14 will consequently not apply. Limitation under Article 14 begins to run, not from the date of knowledge of the act or order, but from the date on which the act or order was done or passed. Surannanna v. Secretary of State for India I L R 24 Bom. 435; Rameswaram -Devasthanam v. Secretary of State A 1 R 1927 Mad. 1167; Mst. Munna v. Suklal A I R 1924 Nag. 142; Sir Wasil Ali Mirza Nawab Bahadur of Murishidabad v. Saradindu Narain Rai A I R 1925 Cal. 953; Sunmonu v. Disu Raphael A I R 1927 P C 270; Secretary of State v. Bagmal Kisandayal A I R 1927 Nag. JO and Gangu v: Maharaj Das I L R 15 Lah. 389 ref. (b) Civil Procedure Code (V of 1908), S. 9-Civil Courts have jurisdiction to try all suits except those in respect of which their jurisdiction is expressly or impliedly barred. JUDGMENT ORTCHESON, J.---The facts leading up to this regular second appeal are that the appellant, Qazi Hafiz Muhammad Siddiq, was before Partition employed as a senior clerk in the office of the Deputy Commissioner, Ambala. He migrated to Pakistan and was posted as Sub-Inspector, Civil Supplies, Layallpur. On the report of the Superintendent of the office the Additional Deputy Commissioner, Lyallpur, passed an order dated the 19th of April 1948, suspending the liens of two permanent Assistants. In the vacancies thus created two officials, M. Abdul Majid and Ch. Abdul Aziz, were promoted in q substantive provisional capacity to the rank of Assistant though, according to the plaintiff appellant, he was senior to both of them: Again, on the 22nd of July 1950, the Deputy Commissioner, Lyallpur, appointed Abdul Majid and Abdul Aziz as substantive permanent and substantive provisional Assistants, respectively, it being further ordered that on the retirement of one Sardar Khan on the 12th of September…
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