Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Limitation Act, 1908

Section: 5,28(2)

Civil Procedure Code (V of 1908)--- ----S.115---Limitation Act (IX of 1908), Ss.5 & 28(2)---Revision filed in High Court within period of limitation received back by petitioner for removing office objection within three days, but re-filed the same after four months---Application under S.5 of Limitation Act, 1908 for condonation of delay caused in re-filing of revision---Validity---Petitioner's counsel himself had collected file of revision from office, who was obliged to remove objection within three days in compliance of direction of office, but he failed to do so---Benefit of S.5 of Limitation Act, 1908 could not be extended to petitioner due to its non-application to revision as period of limitation for its filing was provided under S.115, C.P.C.---Petitioner had not offered any plausible reason for condonation of delay---High Court dismissed revision for being barred by limitation. 2000 SCMR 847; 2005 CLC 1083; PLD 2003 Lah. 398; 2001 YLR 327 and 2001 MLD 1964 ref. Asif Ali Shah v. Superintending Engineering Quetta Circle, Quetta and others PLD 1963 SC 263 rel. THIS ORDER PASSED BY: CH. MUHAMMAD TARIQ, J.--- This civil revision has been directed against order dated 22-2-2010 passed by learned Additional District Judge Lahore whichis prima facie barred by limitation. This Court directed learned counsel for the petitioner to first argue on the question of limitation. 2. Learned counsel for the petitioners contends that on 21-5-2010, he filed the instant civil revision against the order dated 22-2-2010 within period of limitation. On 24-5-2010, the petitioner received the civil revision back from the office of this Court to remove objections and thereafter he again filed the civil revision on 18-6-2010. There is no delay on the part of the petitioners. The valuable rights of the petitioners are involved and it will be appreciated if the matter is decision dated: merit instead of technicalities. Learned counsel for the petitioners further contends that the office never informed the petitioners about the objections having been raised on the case. He avers that in the circumstances, it shall be presumed that the civil revision was filed within the period of…

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