| Citation(s) |
|---|
| 1968 SLG 102 1968 SLD 102 1968 PLD 165 |
Supreme Court of Pakistan
Civil Appeal No. 105 of 1966, decision dated: 13th December 1967.(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 8th October .1964, in Writ Petition No. 712 of 1960).
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLEAKBAR, HAMOODUR RAHMAN AND MUHAMMAD YAQUB ALI, JJ
Mian Alahmud Ali Qasuri, Senior Advocate Supreme Court instructed by M. Siddiq, Senior Attorney for Appellant. Aftab Ahmad Sheikh, Senior Advocate Supreme Court instructed by (S. M. Zamir Zaidi, Advocate Supreme Court with him) instructed by Mahboob Ahma
Civil Appeal No. 105 of 1966, decision dated: 13th December 1967.(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 8th October .1964, in Writ Petition No. 712 of 1960).
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLEAKBAR, HAMOODUR RAHMAN AND MUHAMMAD YAQUB ALI, JJ
Mian Alahmud Ali Qasuri, Senior Advocate Supreme Court instructed by M. Siddiq, Senior Attorney for Appellant. Aftab Ahmad Sheikh, Senior Advocate Supreme Court instructed by (S. M. Zamir Zaidi, Advocate Supreme Court with him) instructed by Mahboob Ahma
Sheikh AMIRUDDIN
VS
CLAIMS COMMISSIONER, PAKISTAN, LAHORE AND others
Law:
Section:
(a) Registration of Claims (Displaced Persons) Act (III 1956), S. 7 (3) read with Registration of Claims (Displaced Persons) Rules, 1955, r. 6 (2-A)-High Court following decision in P L D 1964 S C 585 issuing writ holding that order passed by Claims Commissioner suo motu beyond prescribed period was without conscious application of his mind to question of extension of time-Special Leave to Appeal granted by Supreme Court to consider question whether High Court in circumstances of case, had erred in issuing writ and failing to remand case to Claims Commissioner. (b) Appeal to Supreme Court-Civil appeal against order of High Court passed in writ petition-Person party to writ proceedings (albeit impleaded at his own request) and having real Interest in defending proceedings-Has locus standi to appeal to Supreme Court-Constitution of Pakistan (1962), Arts. 58 & 98. (c) Registration of Claims (Displaced Persons) Act (III of 1956), S. 7 (3) read with Registration of Claims (Displaced Persons) Rules, 1955, r. 6 (2-A) proviso-Revisional power suo motu-Can be exercised "at any time"-Claims Commissioner, however, to apply his conscious mind to facts of case before exercising suo motu revisional powers-Claims Commissioner revising order, passed more than 3 years ago, without conscious application of his mind to case-Order of Claims Commissioner bad in law-High Court in setting aside such order, however, has to remand case back to Claims Commissioner-Constitution of Pakistan (1962), Art. 98. Rule 6 (2-A) of the Registration of Claims (Displaced Persons) Rules, 1955 provides a period of ninety days for moving the Claims Commissioner in revision but he may "at any time " suo motu revise the order of the subordinate authorities subject to giving of notice to the party affected thereby. As held in the case of Muhammad Farooq v. Claims Commissioner P L D 1964 S C 585 there must, however, be conscious application of the mind of the Claims Commissioner that the case before him is fit for extension of time after the expiry of 90 days prescribed in the rule. Where, therefore, the High Court did not find such an application of mind by the Claims Commissioner and set aside his…
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