| Case ID |
323ce842-222a-44f2-b312-f7ae71f80bca |
| Body |
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| Case Number |
C.P. No. 2571-L of 2001 |
| Decision Date |
Oct 30, 2003 |
| Hearing Date |
Oct 30, 2003 |
| Decision |
The Supreme Court of Pakistan dismissed the petitioners' application under Section 12(2) of the Civil Procedure Code as time-barred. The court found that the petitioners had knowledge of the entire litigation and that the reasoning advanced for the belated filing was not convincing. The court also ruled that the Additional Deputy Commissioner, who passed the order in question, was neither a notified officer nor authorized by any superior court to decide the matter. Therefore, the order was deemed incompetent, and leave to appeal was refused. |
| Summary |
In the case of C.P. No. 2571-L of 2001, the Supreme Court of Pakistan addressed the complexities surrounding the Evacuee Property and Displaced Persons Laws, particularly focusing on the decision made by the Additional Deputy Commissioner in Faisalabad. The case revolved around the conveyance of evacuee plots and the subsequent legal disputes arising from the transfer of land. The petitioners, representing the Provincial Government, challenged the belated filing of an application against a prior order, claiming it was based on fraud and misrepresentation. However, the court found these claims unconvincing, emphasizing the petitioners' prior knowledge of the litigation. The ruling highlighted the importance of jurisdiction and the procedural integrity of the officers involved, ultimately dismissing the petition as time-barred. This case serves as a crucial reference for understanding the legal framework governing evacuee properties and the procedural requirements for appeals in such matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Province of Punjab
|
| Judges |
Hamid Ali Mirza,
Abdul Hameed Dogar,
Faqir Muhammad Khokhar
|
| Lawyers |
Malik Muhammad Nawaz, ASC for Petitioners,
Mr. Najamul Hasan Kazmi, ASC for Respondent
|
| Petitioners |
,
ADDITIONAL DEPUTY COMMISSIONER (GENERAL) FAISALABAD
|
| Respondents |
FAZAL MUHAMMAD KHAN
|
| Citations |
2004 SLD 3188,
2004 PLJ 422
|
| Other Citations |
Not available
|
| Laws Involved |
Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975,
Civil Procedure Code (V of 1908),
Constitution of Pakistan, 1973
|
| Sections |
3,
12(2),
185(3)
|