Find a Lawyer

Appellate Side No. 42 of 1953‑54, decided on 20th January 1955, District R. T. A. Lahore.

-----S. 5‑‑Director of Bus Company deputed to lodge appeal going away to foreign, country without lodging one‑No reasonable cause for extension of time.

----

--‑Permits‑New metalled road branching off from older route which was operated half and half by two companies‑Parity to both companies on new metalled route justified.

Mahmood Ali Kasuri, for Appellant.

Kh. Abdur Rahim, for Respondents.

‑This order will dispose of the two connected appeals Nos. 42 and 117 of 1953‑54.

The Regional Transport Authority Lahore by their orders passed in the meetings held on 27th February and 1st and 5th March, 1954, granted two stage carriage permits, Part B, to Sargodha‑Jhang Transport Company Jhang and another two permits to Haideria Transport Company Jhang for the New Sargodha‑Jhang via Shah Jiwan Hassan Rest House route (Resolution No. 93). Cross appeals have been preferred against this order by the two companies concerned and these are now under consideration.

A preliminary objection has been taken in the appeal lodged by Haideria Transport Company Ltd: on the ground of limitation. As already observed, the order was passed in the meetings held on 27th‑February and 1st and 5th March, 1954 but an application for a copy of the order was filed on 29th May 1954, and the copy was provided the same day. The appeal was lodged on 1st June 1954 and in the absence of any reasonable cause is clearly barred by time. The reason given is that Mr. Jafri one of the directors of the company who had been deputed to obtain a copy and lodge an appeal was selected to represent Pakistan in the Olympic Games held at Manila where he fell ill, and it was only on 26th May 1954 that be informed the company that he had failed to lodge the appeal under the circumstances mentioned above. This obviously is not a reasonable excuse. Mr. Jafri could easily 'have informed the other directors 'of the position before going away to Manila. The period for filing appears is 30 days, as laid down in rule 4.37 of Punjab Motor Vehicles Rules. I would accordingly uphold this objection and dismiss the appeal of the Haidaria Transport Company.

In the cross appeal, the reasons that have been urged are that the Sargodha‑Jhang Transport Company has a prior claim on this route, as they have been operating on a part of it namely Sargodha‑Sahiwal‑Jahanian Shah. Originally the road upto Sahiwal was metalled and the route followed by the motor vehicles was Sargodha‑Sahiwal (where the unmetalled road began) Jahanian Shah, Kot Isa Shah and Jhang. The Haidaria Transport Company were operating on the other half of this old route, namely Jhang‑Kot Isn Shah. The newly metalled section of the road nearly branched off direct from Jahanian Shah to Jhang. It is thus obvious that both the companies have a claim on this new route. I would therefore hold that the order passed by the Regional Transport Authority in giving parity to both the companies is quite justified, and there is no ground for interference. The appeal of the Sargodha-- Jhang Transport Company also stands dismissed.

Announced to the parties present.

A. H. Appeals dismissed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.