Law:

Section:

(a) Administration of justice--------- Before granting relief to a litigant, the Court was duty bound to see whether relief prayed by him was legally allowable in accordance with procedure laid down for seeking same---Technicalities, though should be kept at their proper place .and should not be extended to defeat the purpose of law and justice, but technicalities which were fundamental and basic, could not be bypassed. Mirza Lal Hussain v. Custodian and others 1992 SCR 214 ref. (b) Pakistan (Administration of Evacuee Property) Act (XII of 1957)--- ----S. 43(6)---Review---Application for review---Limitation---Application for review could be filed before Custodian within prescribed period which was thirty days---Review application filed on face of it, was barred by time as it had been filed after seven years and it was for the applicant to explain delay---Lack of knowledge could be pleaded and review application could be filed within thirty days from the date of knowledge---Contention of the applicant in review application was that the order of cancellation of allotment from the name of allottee was passed without hearing him and in a clandestine manner in collusion with the Rehabilitation Authorities and that allottee could not come to know about it---Record showed that allottee died in 1988, but it had nowhere been stated as to when son of the deceased allottee came to know that entitlement certificate and orders for transfer of proprietary right had been issued in favour of subsequent allottees--­Delay of each day had to be explained---Delay in filing review application having not been explained. Additional Custodian of Evacuee Property, was right in holding that review application was barred by time. Nusrat Fatima v. Azad Government of the State of Jammu and Kashmir PLD 1985 SC (AJ&K) 93; Mirza Lal Hussain v. Custodian and others 1992 SCR 214 and Ghulam Mohi-ud-Din v. Chief Settlement Commissioner PLD 1964 SC 829 ref. Raja Muhammad Hanif Khan, Advocate for Appellants. Rafique Mahmood Khan and Nawaz Khan, Advocates for Respondents. Date of hearing; 4th July, 1992. JUDGMENT BASHARAT AHMAD SHAIKH, J.-----This appeal by leave of the Court arises out of an…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492