Law:

Section:

(a) West Pakistan Board of Revenue Act (XI of 1957)--S. 8---Constitution of Pakistan (1973), Art. 185(3)---Board of Revenue setting aside its own order passed in revision, in exercise of powers of Review---High Court upholding Board of Revenue's order ---Validity---Leave to appeal was granted to examine whether order passed on Review application on merits, by Board of Revenue, against its own order in revision, having been entertained and decided after a lapse of four years was within its jurisdiction and whether High Court affirming such order was in error in holding that order in question passed by Board of Revenue in Review, was not without jurisdiction and that there was no error on the face of the record. (b) West Pakistan Board of Revenue Act (XI of 1957)--- ----S. 8---Limitation Act (1X of 1908), S. 5---Scope and grounds for review of an order---Limitation--- Application for review before Board of Revenue must be filed within ninety days to be computed from the date of decree or order--­Provision of S.5, Limitation Act. 1908, have not been made applicable to Review application---Delay in filing Review application thus, could not be cordoned by applying S. 5, Limitation Act, 1908---Power to exercise Review jurisdiction--­Extent of. The power to exercise review jurisdiction emanated from the statute and, therefore, it had to be exercised within the four corners of the prescribed conditions and limitation. Such power could be exercised if application was filed by a party within a particular period fixed by the Act and unless the power to extend the time had been conferred, on expiry of such period, such jurisdiction could not be exercised by any authority. As section 5 of the Limitation Act had not been made applicable and power to condone the delay or extend the period of limitation had not been conferred by law, the authority exercising review power could not, in breach' of the statutory provisions, assume power and extend the time. After the expiry of 90 days from the date of order respondent Board did not have the jurisdiction to apply section 5 of the Limitation Act. M/s. Lyallpur Sahiwal Bus Service (Regd.), Lahore v. Appellate Authority and others…

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