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GHULAM MUHAMMAD vs CHIEF SETTLEMENT COMMISSIONER, WEST PAKISTAN, — 1971 PLD 1053

Citation: 1971 PLD 1053

Court: Lahore High Court

Year: 1970

Decision Date: 1970-12-31

Parties: GHULAM MUHAMMAD vs CHIEF SETTLEMENT COMMISSIONER, WEST PAKISTAN, JUDGMENT

Headnotes

Case cited as PLD 1971 Lahore 1053

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Siddiq Title:GHULAM MUHAMMAD vs CHIEF SETTLEMENT COMMISSIONER, WEST PAKISTAN, JUDGMENT Reported As: PLD 1971 Lahore 1053 Result: Order accordingly Judgment JUDGMENT Ghulam Muhammad petitioner filed his Claim No, 4664/T on 29-8-1958. The Claims Officer on 12-11- 1959, dismissed the same for non-prosecution. The petitioner filed an appeal before the Deputy Claims Commissioner who vide order dated 19-3-1964, rejected the same being badly barred by time. The petitioner then filed a revision petition before the Additional Claims Commissioner, Sargodha, who by his order dated 13-5-1964, accepted the same and remanded the case to the Deputy Claims Commissioner with the following observations :- "In fact the appeal was initiated against the order of the Claims Officer who dismissed the case for want of prosecution. I have gone through the order of the learned Claims Officer and I find that no proper service was effected on the petitioner and, therefore, he remained under suspense as to the fate of his case for such a long time. Since there is question of the right to the property abandoned in India, I think it is better in the interest of justice that opportunity should be given to the petitioner to prove his case on merits. The order passed on a short point of limitation by the D. C. C, is hereby set aside and the case is remanded to the D. C. C, who should hear the parties on merits and decide the case after taking all the…

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