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Review Side No. 47 of 1957‑58, decided on 12th May 1958, District Bahawalpur.
S. Review‑Petitioner being ignorant of a provision of Colony Malawi not a ground for Review‑Provision not a matter which could nor have been discovered with due diligence.
Ghulam Ali Alvi for Petitioner.
This is a petition under section 8 of the West Pakistan Board of Revenue Act, 1957, for the review of order dated the 12th October 1957, passed by my learned predecessor by which he rejected the petition of Inyatullah.
The facts of the case are mentioned in my predecessor's order and need not be repeated here. It has been urged that the provisions of paragraph 617 of the Colony Manual were not known to the petitioner at the time he filed the previous petitioner and the matter mentioned in that paragraph could not be raised by him. This is not a point which he could not have bound by due diligence and is not covered by section 8 of the West Pakistan, Board of Revenue Act, 1957.
The only other point urged at the time of arguments was that the order of my predecessor would debar the Commissioner from creating an additional Lambardari for all time to come. That is not so. The Commissioner has passed the order on material available before him. If the circumstances change and justify the addition of a Lambardari. It will be open to the Commissioner to pass fresh orders.
The petition is rejected without issuing notice to the other party.
A. H. Petition rejected.
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