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Constitution of Pakistan (1973)-------Art. 185 (3)-Civil Procedure Code (V of 1908), O. XLI, r. 22--­Limitation Act (IX of 1908), Art. 169-Ex parte decree-Service of notice for date of hearing-Unnecessary hurry with hearing of case res­pondent-petitioner not properly impleaded nor any occasion arose for situation to justify early hearing no proper attempt made to serve petitioner personally or to affix notice on permanent residence of peti­tioner who was member of well-known family of area-Supreme Court converted petition into appeal and remanded case to High Court for fresh decision. A. R. Sheikh, Advocate Supreme Court and Maqbool A. Qadri, Advocate-on-Record for Petitioners. S. M. Zafar, Senior Advocate Supreme Court and Inayat Hussain Shah, Advocate-on-Record (absent) for Respondents. Date of hearing: 1st November, 1983. ORDER MIAN BURHANUDDIN KHAN, J.-This petition is directed against the judg­ment and order of the Lahore High Court, Rawalpindi Bench, dated 20-2-1983 passed in three C. M. Nos. 897/C, 898/C and 899/C of 1982 in R. S. A. No. 305 of 1967. 2. The Murree Improvement Trust, respondent No. 3 acquired land in Murree Hills in pursuance of the provisions of section 7 of the Punjab Development of Damaged Areas Act, 1952. Applications for allotment of plots carved out of the said area were invited by public notice dated 6-6-1954 by publication in the Civil & Military Gazette, Lahore by the Chairman, Murree Improvement Trust, Murree and allotments were made under the conditions of allotment embodied in the said notice that a plot out of the area bearing No. 23 measuring 0'80 acres situate at Hall Road, Murree was allotted to Mian Saeed Ahmad, Superintending Engineer, P. W. D. Lahore on the terms and conditions already notified as per memo. No. 250/C, dated 21-6-1954 the plot allotted to Mian Saeed Ahmad was too unwieldy because of the area; he, therefore, asked for splitting of the plot in two parts i.e. plot No. 23 to remain in the name of Mian Saeed Ahmad and plot No. 23-A in the name of Mst. Ismat Kamal and Mian Masood Ahmad respondents-plaintiffs Nos. 1 and 2. The request of Mian Saeed Ahmed was acceded to on 13-9-1954 and the plot was divided…

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