FEDERAL GOVERENMENT OF PAKISTAN through Secretary, Ministry of Minority
This matter arises from a petition for leave to appeal before the Supreme Court of Pakistan, wherein the Federal Government of Pakistan sought leave to examine legal questions regarding the finality of determinative orders that were not subjected to appeal or objection, as well as the scope of suo motu revision powers in the presence of a time-barred application. The Supreme Court granted leave to appeal to examine these core questions. Additionally, the Court issued an interim directive ordering that no alienation, damage, or depreciation in the value of the disputed property shall occur in the meantime. The judgment underscores the legal implications of failing to challenge determinative orders and the procedural parameters governing revisional powers.
- Whether determinative orders that are not objected to or appealed against attain finality?
- Can suo motu powers of revision be exercised in the presence of a time-barred application by a party to the proceedings?
ORDER
SHAFIUR RAHMAN, J.---Leave to appeal is granted to examine, inter alia, whether some of the determinative orders having not been objected to or appealed against, had not attained finality.
Reliance is placed on Samad Khan v. Khalid Khan (1985 SCM R 770) and Muhammad Swaleh v.
United Grain & Fodder Agencies (PLD 1964 SC 97).
2. As for powers of suo motu revision even in presence of a time-barred application by a party to the proceedings, reliance is placed on Ch. Jalal v. Board of Revenue, Sindh (1982 CLC 2020).
3. No alienation, damage or depreciation in value of the disputed property meanwhile.