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Section:

Canal and Drainage Rules, 1957--R. 96---Dismissal of appeal and revision on point of limitation---No issue was framed and no evidence was led on question of limitation---Effect---Order of Divisional Canal Officer in respect of right of Nigal water was maintained by Trial Court but set aside in appeal by First Appellate Court on the short ground that appeal against the order of Sub-Divisional Canal Officer filed by appellants before Divisional Canal Officer was barred by time---High Court upheld order of First Appellate Court---Validity---High Court failed to consider that there was no issue on point of limitation and in such circumstances no finding could be given merely on basis of pleadings of parties and in absence of positive evidence being led by parties on said point---Order of Canal Officer was passed on 25-7-1983 and application for grant of copies was submitted on that very date---Copies were supplied on 13-8-1983, appeal in question was filed only after three days i.e. on 16-8-1993---High Court failed to consider number of days that were spent in obtaining the copies for which deduction had to be made in law---By deducting days spent in obtaining copies of the order, appeal filed before Divisional Canal Officer was apparently well within statutory period of limitation viz. 15 days---Order of High Court, thus, could not be sustained---Case was remanded by Supreme Court with direction for framing issue on question of limitation and decision afresh on merits: --[Limitation]. JUDGMENT NASIM HASAN SHAH, J: --The appellants herein filed an appeal against the order of the Sub-Divisional Canal Oficer on 16-8-1983 in respect of the right of Nigal water before the Divisional Canal Officer. The learned Divisional Canal Officer accepted the appeal vide order dated 25-10-1983. Respondent No.1 challenged the said order of the Divisional Canal Officer through a declaratory suit which was dismissed by a learned Civil Judge 1st Class, Sargodha vide judgment and decree dated 10-1-1988. 2. Feeling dissatisfied, the respondents filed an appeal which was heard by an Additional District Judge. The learned Additional District Judge accepted the appeal on the short ground…

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