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CUSTODIAN OF ENEMY PROPERTY FOR PAKISTAN versus ADDITIONAL SETTLEMENT &REHABILITATION COMMISSIONER, PESHAWAR


The Article 3 Laws were first tried in the proceedings on the basis that if such a document had been submitted before the High Court, the writ petition would probably not have been thrown out on the basis of bribes. High court has no power to dispute, hold, [laches]
1980 S C M R 667

Before Muhammad Haleem, and G. Safdar Shah, JJ

THE CUSTODIAN OF ENEMY PROPERTY FOR PAKISTAN‑Petitioner

Versus

THE ADDITIONAL SETTLEMENT & REHABILITATION

COMMISSIONER, PESHAWAR AND S OTHERS‑Respondents

Civil Petition for Special Leave to Appeal No. 10‑R of 1979, decided on 27th February, 1980.

(On appeal from the judgment and order of the Peshawar High Court, Peshawar, dated 23‑10‑1978, passed in W. P. No. 681/1978).

Limitation Act (IX of 1908)‑

‑‑ S. 3‑Laches‑Document sought to be placed for first time in proceedings on ground that if such document were placed before High Court perhaps writ petition would not have been thrown out on grounds of laches‑‑No explanation given as to how such document could not be placed before High Court‑Contention, held, has no force. ‑[Laches].

Syed Asad Hussain Zaidi, Advocate and Syed Inayat Hussain,

Advocate‑on‑Record for Petitioner.

Nemo for Respondents.

Date of hearing : 27th February, 1980.

ORDER

G. SAFDAR SHAH, J.

The writ petition of the petitioner had been dismissed by the High Court owing to laches. The learned counsel, however, referred to a document, which he placed before us for the first time in these proceedings and contended that if the said document had been placed before the High Court perhaps the petition would not have been thrown out on the ground of laches.

We are afraid, there is no force in the contention urged by the learned counsel. He has not explained as to how the said document could not be placed before the High Court. And when faced with this situation, he expressed his desire to withdraw the petition with permission to file a Civil Suit, if necessary.

This petition is accordingly dismissed as withdrawn. The petitioner may, if so advised, file a civil suit to vindicate his right, but it is needless to say that his suit would be governed by the Law of Limitation, as well as other laws.

Petition dismissed.

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