Al Wakeelo
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Initializing Secure Chambers
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Initializing Secure Chambers
Citation: 1970 SCMR 96
Court: Supreme Court of Pakistan
Year: 1969
Decision Date: 1969-12-31
Parties: Ch. MEHRAJ DIN vs WEST PAKISTAN PROVINCE AND 8 Other
Result: Leave refused Judgment JUDGMENT HAMOODUR RAHMAN, J.-The petitioner seeks special leave to appeal from an order of a learned Single Judge of the High Court in a revision petition under section 115 of the Code of Civil Procedure, whereby the order of a Civil Judge setting aside an ex parte order in a reference under section 35 of the Land Acqui--sition Act of 1893 was upheld. It appears that the Land Acquisition Collector made a reference in May 1955, in respect of the acquisition of certain property in which Imam Din, Mehraj Din, Manzoor Hussain and some others were shown as parties.
Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Dr. Sheikh Abdul Rahman, Muhammad Yaqub Ali Khan Title: Ch. MEHRAJ DIN vs WEST PAKISTAN PROVINCE AND 8 Other Case No.:Civil Petition for Special Leave to Appeal No. 260 of 1967 Civil Revision No. 18 JUDGMENT Reported As: 1970 SCMR 96 Result: Leave refused Judgment JUDGMENT HAMOODUR RAHMAN, J.-The petitioner seeks special leave to appeal from an order of a learned Single Judge of the High Court in a revision petition under section 115 of the Code of Civil Procedure, whereby the order of a Civil Judge setting aside an ex parte order in a reference under section 35 of the Land Acqui--sition Act of 1893 was upheld. It appears that the Land Acquisition Collector made a reference in May 1955, in respect of the acquisition of certain property in which Imam Din, Mehraj Din, Manzoor Hussain and some others were shown as parties. Notices were directed to be issued but on the date fixed the file was found to be without the paper; of the Collector. The completion of the record was, accordingly, ordered. Subsequently i.e the presence of the Govern--ment Pleader it was fixed for evidence on 21-3-1956. Evidence started on 19-6-1956. Up to this stage the Government Pleader was present on behalf of the Collector. Ultimately the Civil judge refused to interfere with the order of the Land Acquisition Collector. There was, however, really one reference and not two references which were being dealt with by the Court, but the…
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