| Citation(s) |
|---|
| 1986 SLG 657 1986 SLD 657 1986 SCMR 905 |
Supreme Court of Pakistan
Civil Petition No. 88 of 1984, decision dated: 23rd February, 1986. (On appeal from the judgment and order of the Punjab Service Tribunal, Lahore, dated 13-11-1983, in Appeal No. 578/1707 of 1981).
ASLAM RIAZ HUSSAIN AND MIAN BURHANUDDIN KHAN, JJ
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
Civil Petition No. 88 of 1984, decision dated: 23rd February, 1986. (On appeal from the judgment and order of the Punjab Service Tribunal, Lahore, dated 13-11-1983, in Appeal No. 578/1707 of 1981).
ASLAM RIAZ HUSSAIN AND MIAN BURHANUDDIN KHAN, JJ
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
MEMBER, BOARD OF REVENUE
VS
MUHAMMAD IQBAL RATHORE
Law:
Section:
Constitution of Pakistan (1973)------Art. 212 (3)-Limitation Act (IX of 1908), S. 12-Service Tribunals (Procedure) Rules, 1974, r. 21-Leave to appeal granted to consider submission that S. 12, Limitation Act, 1908 and r. 21 (2) of Service Tribunals (Procedure) Rules, 1974 entitles petitioner to apply and obtain a certified copy of impugned from relevant Copying Agency and to file a petition within prescribed period of limitation after deducting days spent for obtaining certified copy of and that such right had not been taken away by the fact that a certified copy of was also received by petitioner from Service Tribunal concerned itself under r. 21(1) of the Rules. Shahzad Jehangir, Advocate Supreme Court and Raja Abdur Razaque, Advocate-on-Record for Petitioner. Dr. Abdul Basir, Advocate-Supreme Court and Hamid Aslam Qureshi Advocate-on-Record for Respondent. Date of hearing : 23rd February, 1986. ORDER ASLAM RIAZ HUSSAIN J.-This is a service matter. The appeal of Muhammad Iqbal Rathore was accepted by the Punjab Services Tribunal vide its judgment dated 13-11-1983. The Government-petitioner has filed the present petition for leave to appeal against the said judgment. 2. Respondents counsel submitted that the petition is barred by time. He urged that the petitioner had received a certified copy of the impugned judgment on 15-11-1983, but did not file the C. P. L. A. till 24-1-1984. In order to cover up this lapse on its part, the petitioner applied for supply of the certified copy from the copying agency and on receiving the same on 14-1-1984, filed the C.P.L.A. He contended that the petitioner was guilty of mala fides in suppressing the fact that he was already in receipt of a certified copy of the impugned judgment sent to him by the Service Tribunal as required by rule 21 (1). In support of this contention he referred to rule 21 which reads as under ; 21.-(1) The Tribunal shall, after the order is signed cause certified copies there to be sent under registered cover to the parties concerned and shall…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492