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Revision No. 515 of 1964‑65, decided on 1st June 1965.
Ss. 13 & 14 read with Limitation Act (IX of 1908), S.5‑Appeal‑Limitation Condonation of delay (9‑6‑1957 to 9‑8‑1963)‑(Mutation appeal) Delay condoned in circumstances of case‑(Case remanded to , Revenue Officer for decision after hearing parties).
Khawaja Abdul Rahim for Petitioner.
Rana Abdur Rahim for Respondents.
This is a second revision filed against an order dated the 10th of December, 1964, passed by the Additional Commissioner (Revenue), Multan, whereby the first revision preferred by the respondents was accepted and the case was remanded.
The facts of the case are that a mutation of inheritance with regard to the property of Mst. Faizan was sanctioned in favour of Noor Muhammad petitioner. The respondents went in appeal to the Collector who rejected it as time‑barred. A revision was preferred before the Additional Commissioner who accepted it. Hence this is second revision.
I have heard the learned counsel for the parties. The main question for determination is whether the learned Collector was justified in rejecting the appeal as time‑barred or the learned Additional Commissioner was right in condoning the delay. It is true that a mutation was sanctioned on 9‑6‑57 and an appeal was preferred on 9‑8‑63 but, as remarked by the learned Additional Commissioner, in the circumstances of the case an extension of limitation was justified. Taking into consideration all the facts of the case, I am inclined to agree with the learned Additional Commissioner.
After all the case has only been remanded and both the parties will have a chance of leading such evidence as they like. The learned counsel for .the petitioner has suggested that the res pondents should be directed to go to a civil Court. At the present stage, it is not desirable to do so specially when, on remand, the revenue officer, after hearing the parties, can give a decision thereon in accordance with the instructions for dealing with mutations.
In these circumstances; the revision fails and is dismissed hereby.
A. H. Petition dismissed.
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