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Civil Petitions Nos. 989 to 993 of 1979, decided on 24th February, 1985.
(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 6‑10‑1979 in R.F.As. Nos. 50 to 54 of 1979).
Constitution of Pakistan (1973)‑
‑‑‑Art. 185(3)‑‑Land Acquisition Act (I of 1894), Ss. 26 & 54 Civil Procedure Code (V of 1908), 0. XLI, r. 1‑‑Leave granted to examine whether in view of Ss. 26 & 54 of Land Acquisition Act, 1894 read with O. XLI, r. 1, C.P.C., appeals as filed within time were not competently filed‑‑If appeals were competent, complete and within time, whether act of office of Court of returning memos. of appeals for doing something not required by law could impede or curtail right of petitioner already properly exercised.
M.M. Saeed Baig, Advocate Supreme Court with Ijaz Ali, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing: 24th February, 1985.
Leave to appeal is granted to examine whether in view of sections 26 and 54 of the Land Acquisition Act read with Order XLI, rule 1, C.P.C. the appeals as filed within time on 11‑2‑1978 were not competently filed. If the appeals were competent, complete and within time whether the act of the office of the Court of returning the memos of the appeals for doing something not required by the law could impede or curtail the right of the petitioner already properly exercised.
The interim order to continue. Let the appeal be heard on the present record with liberty to the parties to file such additional documents as they may consider necessary. Let the appeal be completed for early hearing.
M. I. Leave granted.
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