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Revision Side No. 14 of 1951‑52, decided on 29th January 1953, District Sbeikhupura.
S. 84‑Limitation Revision‑Inordinate delay (6 months) without plausible explanations‑Revision should not have been entertained.
A. R. Niazi for Petitioner.
Kh. Abur Rahim for Respondent.
‑This is an application for revision against the order of the Collector, Sheikhupura, dated the 27th June, 1951 forwarded by the Commissioner, Lahore Division, with his note, dated the 28th February 1952 to the effect that the order of the Additional Revenue Assistant, dated the 12th March 1951, and .that of the Collector, Sheikhupura, dated the 27th June 1951, should be set aside on the score of the irregu larities contained therein and the case remanded to the Collector, Sheikhupura, for fresh decision on merits according to law.
The parties with their counsel present and heard.
It may be pointed out at the outset that the learned Com missioner, while forwarding this case for interference by me, lost sight of the fact that this revision petition bas been filed six months after the pronouncement of the order by the Collector without offering any plausible explanation for this inordinate delay in the institution of this petition. The non‑observance of the period of limitation fixed for the Institution of such petition is a material irregularity and but for a satisfactory explanation the petition should not have been entertained by the Commissioner.
Again, the original application by the petitioner was filed on 26th June 1950, which was returned to him for submission along with an attested copy of a jamabandi or khasra girdawari as required by the rules and the petitioner instead of complying with the directions of the Assistant Collector resorted to the institution of a fresh application on 4th July 1950, which Is apparently opposed to the provisions of section 5 of the Punjab Protection and Restoration of Tenancy Rights Act, 1950. Accord ing to section 5 of the Act an application by a petitioner should be filed within two months from the date of the enforcement of this Act, viz., 3rd May 1950.
Having regard far the facts stated above the petition must fail, and I order accordingly. Parties to be informed.
A. H. Petition dismissed.
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