Case Details

Citation(s)
2010 SLG 1132 2010 SLD 1132 2010 PLJ 396
Lahore High Court
C.R. No. 636-D of 1992, decided & hearing on 14.12.2009.
HAFIZ ABDUL REHMAN ANSARI, JUSTICE
Mian Muhammad Jamal, Advocate for Petitioner. Mr. Muhammad Ashraf Qureshi, Advocate for
Respondent.

ALLAH BAKHSH

VS

ALLAH BAKHSH

Law:

Section:

Limitation Act, 1908 (IX of 1908)-- ----S. 29(3)--Civil Procedure Code, (V of 1908), S. 115--Civil revision was filed beyond 90 days--Application for condonation of delay--Question of--Whether the delay in filing of civil revision beyond 90 days was not condonable in case--Period of limitation for filing revision has prescribed by S. 115, CPC itself which was as enactment--Held: Section 29(2) of Limitation Act, envisages that where period of limitation was different provided by any special/local law or enactment provisions condoned in Sections 4, 9, 18 & 22 of Limitation Act would apply and remaining provisions would not be applicable where limitation was provided by any special enactment other than Limitation Act, 1908--Application for condonation of delay in filing the revision was dismissed as being hopelessly time barred. THIS ORDER PASSED BY: HAFIZ ABDUL REHMAN ANSARI, JUSTICE---.--- Through this civil revision, the petitioner Allah Bukhsh son of Nabi Bukhsh has assailed the judgments and decrees of two Courts below. First judgment and decree of the learned trial Court passed on 26.01.1988 and second judgment and decree of lower Appellate Court dated 10.07.1991. Instant revision was filed on 17.11.1992. First order passed by this Court on 2.12.1992 is as under:-- "This revision petition, seemingly time barred by over one year, is sought to be considered on merits but learned counsel is not prepared on the question of condonation of delay, whereabout he has filed CM. No. 1/C-92. To enable him to support the submission made therein with reference to precedent-cases, adjournment is made for a fortnight, as prayed." 2. Brief facts of the instant case are that plaintiff Allah Bakhsh was owner of agricultural land measuring 11 kanals in Khata No. 45 in Mauza Panah Kharal Tehsil Layyah. With regard to this land (hereinafter called the suit land) sale-deed dated 3.5.1961 is purported to have been executed by him, in favour of the defendant. On the basis of this sale-deed, Mutation No. 1256 was attested on 07.03.1972 in favour of the defendant. The possession of the land was also delivered to petitioner/defendant. That subsequently, after near about 24 years…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492