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Petitioner: BASHER AHMED VS Respondent: GOVERNMENT OF PAKISTAN and others
Court Name: Supreme Court of Pakistan Judge(s): Khilji Arif Hussain, Muhammad Sair Ali Title: BASHER AHMED vs GOVERNMENT OF PAKISTAN and others Case No.: Civil Petition No, 851-L of 2010 Date of Judgment:2011-06-16 Reported As: 2011 SCMR 1742 Result: Case remanded
Judgment ORDER ' MUHAMMAD SAIR ALI, J.---The learned Deputy Attorney-General for Pakistan has appeared and conceded that the Tribunal decided the matter of restoration of appeal and the question of limitation involved therein against the record, facts of the case and without considering the grounds raised by the petitioner for seeking restoration of the appeal. He further concedes that the appeal deserves to be restored to be decided by the Tribunal under the law and as per judgment of this Court. 2. In view of the above, this petition is converted into an appeal and allowed in the following terms:- (i) the impugned order dated 25-3-2010 passed by the Tribunal (in M.P.No,107 of 2007 in Appeal No,1074(L)CS of 2009 titled as. Bashir Ahmed v. Polulation), is set aside; (ii) the application for seeking restoration of the appeal is allowed in terms of the observations recorded in this Court's order dated 8-6-2011, and on the basis of grounds raised therein; and (iii) in view of the conceding statement of the learned Law Officer, it is directed that the appeal before the Tribunal is restored to its original number and shall be decided in accordance with law and as per decisions already made in similar cases.