Law: Pakistan (Administration of Evacuee Property) Act, (XII of 1957)

Section: 43(A)

Law: Pakistan (Administration of Evacuee Property) Act, (XII of 1957)

Section: 43(A)

Law: Limitation Act, 1908

Section: 14,5,2(7),22,3A

(a) Limitation Act (IX of 1908)-------S. 14---Scope and application of S.14, Limitation Act, 1908---Computation of period of limitation---Exclusion of time---Benefit of S.14 of Limitation Act, 1908 would be available to a party who was diligently and with good faith prosecuting his case in a wrong forum---Conditions to attract benefit of S.14 were that the plaintiff had been prosecuting another civil proceedings against defendant; that he had been prosecuting it with due diligence; that proceedings were founded upon the same cause of action; that it was prosecuted in good faith; that it did not bear fruit because that court was unable to entertain it due to the defect of jurisdiction or other cause of alike nature and that both the proceedings were in a court---Section 14 of Limitation Act, 1908 dealt with the time spent in suits and not in appeals in wrong forum. Masood Ahmed and others v. United Bank Limited and others 1992 SCR 98; Abdul Ghanni v. Ghulam Sarwar PLD 1997(sic) SC 102 and PLD 1970 Lah. 6 rel. (b) Pakistan (Administration of Evacuee Property) Act (XII of 1957)--- ----S. 43-A---Limitation Act (IX of 1908), S.14---Revision petition---Limitation---When the Custodian of Evacuee Property declared any property to be non-evacuee the only remedy available to a party was to file a revision petition before High Court within prescribed time limit, but such needful was not done by the petitioners---No plausible explanation had been shown in the revision petition as well as in the application under S.14 of the Limitation Act, 1908 as to why petitioners had filed the revision petition with delay---No reasonable grounds had been given by the petitioners for exclusion of time in the application---Petitioners were supposed to file revision petition before High Court under the relevant provisions of law immediately, but needful was not done by them---Gross negligence was committed by the petitioners themselves, by not availing proper remedy within reasonable time---Case of petitioners was not that of good faith, but was of gross negligence---Revision petition was declared time-barred and was dismissed. Haji Muhammad Afzal for Petitioners. Ch. Muhammad Taj for…

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