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Side No. 11 of 1954‑55, decided on 17th May 1955, District R. T. A. Lahore.
‑Review of Financial Commissioner's order‑Whether lies.
There is no specific provision under the Motor Vehicles Act for permitting review of an order but where the Act or the Rules are silent in respect of procedure the general provision of the civil law of the country should be followed in transport cases.
There is no ground for interference in review in a case where the point urged had been taken at considerable length before and had been disposed of by the order against which review was sought.
Kh. Nazir Ahmad, for Petitioner.
Kh. Abdur Rahim, for Respondent.
‑Four applications for review have been made by the Pakistan Transport Company against my order dated the 20th January 1955. The main ground that has been urged is that this order was passed on an in correct appreciation of the facts, namely, that there is no partly metalled and partly unmetalled road connecting Jhang and Sargodha via Kot Isa Shah and Jehanian Shah and that the application made' by the Pakistan Transport Company was in respect of issue of permits along the completely metalled road recently opened connecting Jhang with Sargodha. This is not a new point as the matter was urged at considerable length before me and this is clearly borne out by the order passed in appeal now under consideration. There is thus no ground for interference in the order already passed.
Kh. Abdur Rahim for the respondent has taken up the plea that there is no specific provision under the Motor Vehicles Act for permitting review of an order. The general principle which has been followed by me in transport cases has been at that whenever the Act or the Rules are silent in respect of procedure the general provision of the civil law, of the country have been followed Any how the point was not seriously discussed at length.
As a result all the four applications for review stand rejected.
A. H. Applications rejected.
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