Law:

Section:

Punjab Waqf Properties Ordinance (IV of 1979)--Ss. 2(d) & 11---Limitation Act (IX of 1908), S. 14---Constitution of Pakistan (1973), Art. 185(3)---Auqaf Department vide Notification, dated 10-5-1987 took over and assumed administrative control' and management of land in question, treating the same as Waqf property, for same was allotted to petitioner's predecessors in lieu of land attached to shrine, abandoned in India---Petitioner, instead of challenging Notification in question, in appropriate proceedings continued to pursue his suit which he had filed on the eve of assumption and control of land in question by Auqaf Department---Plaintiff's suit was dismissed by Trial Court as being not maintainable---First Appellate Court amended order of Trial Court to the extent that plaint was returned to petitioner for presentation in proper Court---Petitioner filed plaint before District Judge which was dismissed as barred by time---High Court also dismissed plaintiff's suit--­Validity---Notification in question was admittedly issued soon after filing of suit by petitioner---Petitioner chose to proceed with suit and did not challenge said notification as provided under S. 11, Waqf Properties Ordinance, 1979 within 30 days---Petitioner, in fact, not only continued to proceed with the suit and then with appeal but even after disposal of his appeal, he filed another suit instead of moving proper application in terms of S.11, Waqf Properties Ordinance, 1979 before District Judge-- -Petitioner, thus, could not be deemed to have acted bona fide or with due diligence in prosecuting remedies in wrong forums---Petitioner was not entitled to exclusion of time under S.14, Limitation Act, 1908---Petitioner's suit challenging notification in question was rightly dismissed by District Judge as also by the High Court---Even on merits petitioner had no case---Leave to appeal was refused in circumstances. Chief Administrator of Auqaf v. Muhammad Ramzan and others PLD 1991 SC 102 ref. Ejaz Anwar, Advocate Supreme Court for Petitioner. Riaz Kayani, Advocate Supreme Court with M.A. Qureshi, Advocate-on-Record for the Caveators. Date of hearing: 2nd March, 1997. ORDER ZIA MAHMOOD…

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