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Constitution of Pakistan (1973)-------Art. 188---Review of Supreme Court ---High Court had non-suited respondent on the point of limitation, but that fact was not properly attended to in the impugned ---Prima facie, the petitioner/Town Committee as well could not be allowed to take over the disputed property without valid entitlement in respect thereto as per the law notwithstanding the fact whether there was a dispute between the private parties in respect of the validity or otherwise of the agreement in question---Review petition was allowed and impugned order was recalled and civil appeal arising out of the of the High Court, was restored to its original number and it was ordered to be fixed after three weeks. Altaf Ibrahim Qureshi, Advocate Supreme Court with Muhammad Saleem Amir, TMO, Town Committee, Alipur, Muhammad Kalim Akhtar, Accounts Officer, TMA, Alipur for Petitioners. Respondent No.1 in person. Mehmood Ashraf, Advocate Supreme Court for Respondents Nos. 2 and 3. Nemo for Respondents Nos. 4, 5 and 6. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, CJ.---Having heard the learned counsel for parties as well as respondent Allauddin, we are of the opinion that the judgment under review needs to be reversed as benefit of section 13 of Limitation Act is only available to defendant not the plaintiff as per the language employed therein. Learned High Court had non-suited respondent Allauddin on the point of limitation but this fact was not properly attended to in the impugned judgment. Prima facie, Town Committee Alipur as well cannot be allowed to take over the disputed property without valid entitlement in respect thereto as per the law; notwithstanding the fact whether there was a dispute between the private parties in respect of the validity or otherwise of the agreement dated 15th October, 1967 (Exh.P-I). Therefore, review petition is allowed as a result, order dated 26-6-2008 is recalled and civil appeal arising out of the judgment of the High Court is restored to its original number. It is ordered to be fixed after three weeks. 2. In the meanwhile, learned counsel appearing for…

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