SWAMI JOYTIRGHANANDA Vs. DEPUTY COMMISSIONER, KHULNA

JUDGEMENT

(1.) This appeal by special leave is against an order of a Bench of the Dacca High Court discharging a rule, arising out of a Writ Petition under Article 98 of the Pakistan Constitution of 1952 for default.

(2.) The appellant is the Secretary of Khulna Sebasram which is an Association registered under the Society Registration Act and is said to be a religious institution. He filed a Petition being petition No. 245 of 1966 before the Dacca High Court on 15-6-66 under Article 98 of the then Constitution of Pakistan, challenging the validity of an order of requisition of certain lands belonging to the said Sebasram under section 3 of the East Bengal (Emergency) Requisition of Property Act as well as a notice for acquisition under section 5(3) of the said Act.

(3.) An application was filed before the said Bench on the/29th of January, 1968 (the 27th and 28th being Saturday and Sunday respectively for recalling the order of discharge and restoration of the Writ Petition to file, stating, inter alia, that the rule in question was posted, for hearing as item No. 8 in the Daily Cause List of the Court on the 25th January, 1968, that the items above the said rule having collapsed, the said rule was taken up for hearing, that the petitioner's Advocate having come to learn that his case had been taken up for hearing rushed to the Court for representing his case but that when he reached the Court room he found that the learned Judges had already discharged the rule for default. No statement appears to have been made on behalf of the respondents disputing the correctness of the allegations made in the petitioner's application. The learned Judges, however, refused to accede to the prayer of the petitioner and made the following order on the 30th January, rejecting his application: