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CHIEF OFFICER, TEHSIL MUNICIPAL ADMINISTRATION, VEHARI vs ABDUL JABBAR Ss — 2024 CLC 71 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 CLC 71 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
CLC
Parties
CHIEF OFFICER, TEHSIL MUNICIPAL ADMINISTRATION, VEHARI vs ABDUL JABBAR Ss
Subject matter
Civil
Provisions referred to
Limitation Act (IX of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

CHIEF OFFICER, TEHSIL MUNICIPAL ADMINISTRATION, VEHARI VS ABDUL JABBAR Ss.47 & 114---Limitation Act (IX of 1908), Art. 162---Notification No.F. 5(2)/2003-AGP, dated 27-05-2003---Constitution of Pakistan, Art. 199---Constitutional petition---Review of judgment---Delay condoning of---Consenting statement---Law Officer, authority of---Applicant / Tehsil Municipal Administration was aggrieved of decision of constitutional petition on the basis of consenting statement made by Law Officer and sought review of that judgment---Plea raised by respondents was that review application was barred by 48 days---Validity---Law Officer was debarred from making a conceding statement before Court, unless written instructions were available with him but it was also mandatory to produce an officer not below the rank of Grade-17 to appear before the Court and verify and reiterate the same---Consent recorded, in the order under review, was detrimental to State exchequer---Such facts escaped notice of High Court and State exchequer was likely to suffer loss---High Court in its inherent jurisdiction could overlook and condone delay to rectify the wrong---Even if there was delay the same was condoned in view of the fact that the Court did not look into the lawful authority of the Legal Advisor to make a conceding statement---High Court set aside judgment passed on the basis of consenting statement of Law Officer---High Court directed the office to fix Constitutional petition for decision afresh on merits---Review application was allowed accordingly.

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