Law:

Section:

Civil Procedure Code (V of 1908)--S. 114 & O.XLVII, R. 1---Limitation Act (IX of 1908), Ss.5 & 14---Constitution of Pakistan (1973), Art. 185(3)---Dismissal of petitioner's Constitutional petition---Petitioner sought review of such which was rejected by the High Court---Petitioner's Intra-Court Appeal against original of High Court was dismissed as barred by time---Validity---Review application remained pending for some time and after hearing parties was dismissed---Direction was, however, issued to concerned officer to decide disputed matter after giving full opportunity to all concerned parties---Question for determination would be whether there were sufficient grounds for condonation of delay in filing Intra-Court Appeal finder S. 5, Limitation Act, 1908, even if no benefit under S. 14 of the Limitation Act as per its own terms could be given to petitioners---Leave to appeal to Supreme Court was granted in circumstances. Cantonment Board, Rawalpindi v. Muhammad Sharif through Legal Hiers PLD 1995 SC 472. ref. A.K. Dogar, Advocate Supreme Court with Syed Abul Asim Jafri, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 27th January, 1998 ORDER MUNIR A. SHEIKH, J.---Leave to appeal has been sought against the judgment, dated 31st July, 1997 of the Lahore High Court passed in Intra-Court Appeal No.139 of 1997 through which the said appeal filed by the petitioners has been dismissed as barred by time. 2. The facts giving rise to this petition shortly stated are that the petitioners filed a writ petition before the Lahore High Court which was dismissed through judgment, dated 17th November, 1996, The petitioners filed an application seeking review of the said judgment which was admitted through order, dated 8th December, 1996 and notice issued. The review application was finally rejected through order, dated 17th March, 1997 anq the case was remitted to the Superintending Engineer, Irrigation and Power Department, Sargodha for decision of the issue after giving full opportunity of hearing to all the parties concerned. 3. The petitioners filed…

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