Law:

Section:

Civil Procedure Code (V of 1908)--- ----S.115---Limitation Act (IX of 1908), S.14---Revisional jurisdiction---Exclusion of time of proceeding bona fide in court without jurisdiction---Applicability of S.14 of the Limitation Act, 1908 to revision petitioner--- Scope--- Provisions of Limitation Act, 1908 applied only to suits and the same could not be applied to revision petitions under S. 115 of the C.P.C.---Power of the court, however, is in no way restricted under its revisional jurisdiction, to entertain matters even beyond period of limitation, wherein it felt that courts below had exercised jurisdiction beyond their mandates requiring interference. Masood Ahmad v. United Bank Ltd. 1992 SCMR 424 rel. JUDGMENT YAHYA AFRIDI, J.---This revision petition is directed against the order of the Senior Civil Judge Mardan dated 19-5-2009 whereby the application of the present petitioner to produce the plaintiff as a witness after close of his evidence was rejected by the trial Court. 2. The brief and essential facts, which have led to the present petition are that the petitioner had instituted a suit for possession specific performance and in the alternative sought recovery of Rs.1.595 million. The evidence of the present petitioner was concluded and after the conclusion of the evidence, he had filed an application to produce himself as a witness. The said application was not positively considered by the trial Court vide the impugned order. 3. Feeling aggrieved on the order of the trial Court the present petitioner on 29-9-2009 moved the revisional jurisdiction of the District Judge. The said revision was finally returned by the District Court to the…

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