Law:

Section:

(a) Punjab Waql Properties Ordinance (IV of 1979)--- ----S. 11---Notification---Printing and publication---Distinction---Limitation--- Mere printing of notification in the Gazette was not sufficient to constitute "publication"---Publication would take effort only when notification was made available to general public---Appellant (a rustic lady) admitted having received the notice in question, by the Auqaf if Department on 23-12-1978, she must be taken to have acted with vigilance and diligence in approaching the counsel during winter vacation and getting the petition under S.11, Punjab Waqf Properties Ordinance, 1979, drafted on 4-1-1979---Limitation period in the case would have to be computed from 23-12-1978 onwards. Muhammad Ishaq v. Chic f Administrator Auqaf, Punjab PLD 1977 SC 639 rel. (b) Interpretation of statutes- ---- Procedural provision---Stringency in interpreting a procedural provision of law would frustrate ultimate ends of justice---Courts function under the law of land is to ensure dispensation of justice---Emphasis must be on the adjudication of disputes on merits and not on the strength of mere technicalities. (c) Limitation Act (IX of 1908)--- ----Preamble---Object of law of limitation is to help the vigilant and not the indolent---Helping hand could not be extended to a litigant having gone into deep slumber, on having become forgetful of his rights---Concerned person, has, however, to be made aware of the invasion on his interests, and such awareness has to be ascertained as a matter of fact. JUDGMENT This FA.O. is directed against the order dated 16-3-1982, passed by Mian Jahangir Pervaiz, Additional District Judge, Lahore, refusing to restore a petition filed on 6-1-1979 under section 11, Auqaf (Federal Control) Act, 1976, challenging the validity of a notification issued on 4-12-1978 by the Administrator-General, Auqaf, taking over, under section 7 of the Act, a site measuring 1 Kanal and 18 Marlas, described as graveyard, situate in Mohallah Muhammad Nagar, Amir Bakhsh Road, Ghari Shahu, Lahore. 2. The petition dated 4-1-1979, entertained on 6-1-1979 (submitted under section 11 of the Act) had been dismissed on 27-7-1981, as Ghulam…

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