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Revision Side No. 267 of 1960‑61, decided on 21st July 1.961, District Sialkot.
Punjab Land Revenue Act (XVIII of 1887), S. 13‑Appeal Can be dismissed without sending notice to respondent.
Muhammad Yahya for Petitioner.
The main point raised in this Lambardari revision petition is that the learned Additional Commissioner decided the appeal of petitioner without giving a notice to the respondent or hearing him (i.e., the respondent). It is argued that this procedure was in contravention of the law. However no law or ruling requiring the appellate Court to send for the record of the case or to decide the appeal only after giving notice to the respondents has been shown to me. Besides Lambardari cases are Revenue Officers' case, and the provisions of C. P. C. do not apply to these cases. A notice to the other party is therefore not necessary for dismissing an appeal. As a matter of fact there is a body of legal decisions that it is only when an order against the interest of a party is proposed to be passed that the party should be summoned and this is in accordance with natural justice. In this particular case no ground for interference in revision exist and the petition stands dismissed.
K. M. A. Petition dismissed.
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