| Citation(s) |
|---|
| 2014 SLG 1470 2014 SLD 1470 2014 SCMR 1358 |
Supreme Court of Pakistan
Civil Appeal No.1478 of 2013, decided on 21st January, 2014. DATE of hearing: 21st January, 2014. (On appeal from the judgment of the Lahore High Court, Rawalpindi Bench dated 9-7-2013 passed in Civil Revision No.981 of 2010)
NASIR-UL-MULK, MIAN SAQIB NISAR AND AMIR HANI MUSLIM, JJ
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Civil Appeal No.1478 of 2013, decided on 21st January, 2014. DATE of hearing: 21st January, 2014. (On appeal from the judgment of the Lahore High Court, Rawalpindi Bench dated 9-7-2013 passed in Civil Revision No.981 of 2010)
NASIR-UL-MULK, MIAN SAQIB NISAR AND AMIR HANI MUSLIM, JJ
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PROVINCE OF PUNJAB through District Officer Revenue, Rawalpindi and others
VS
MUHAMMAD SARWAR
Law:
Section:
(a) Civil Procedure Code (V of 1908)-------S. 115---Court exercising its revisional power under S.115, C.P.C. on its own motion---Scope---Court could exercise revisional powers (under S.115, C.P.C.) on its own motion or on the application by an aggrieved party---Revisional power was general supervisory power and discretionary in nature where the court was empowered to examine the record of any case decided by a court subordinate to it to rectify any error or irregularity---Such power was exercisable where the court itself found any error of the nature provided in S.115, C.P.C. without there being any right in favour of a party aggrieved of an order or of a subordinate court. (b) Civil Procedure Code (V of 1908)--- ----S. 115--- Revision petition/application--- Filing of--- Limitation period---Ninety days---Where an aggrieved party sought redressal against the or order through the revisional powers of the court under S.115, C.P.C. it had ninety (90) days to make such application, failing which the application was liable to be dismissed (as being time barred). Hafeez Ahmad and others v. Civil Judge, Lahore and others PLD 2012 SC 400 and Government of N.-W.F.P. v. Abdul Malik 1994 SCMR 833 ref. Mudassar Khalid Abbasi, Assistant A.-G., Punjab for Appellants. Rizwan Niaz, Advocate Supreme Court for Respondent. Date of hearing: 21st January, 2014. JUDGMENT NASIR-UL-MULK, J.---This appeal by leave of the Court has been filed by the Province of Punjab, through District Officer Revenue Rawalpindi and five others, impugning the judgment of the Lahore High Court, dated 9-7-2013, whereby Civil Revision Petition filed by the appellants against the judgment of the Appellate Court was dismissed on the ground of being barred by time. At the leave granting stage the Additional Advocate-General Punjab had relied upon the recent judgment of this Court in the case of Hafeez Ahmad and others v. Civil Judge, Lahore and others (PLD 2012 SC 400) to contend that notwithstanding the appellants' Revision Petition was barred by time, the High Court in its supervisory jurisdiction under section 115 of the Civil Procedure Code, 1908 was required to examine the merits of the case so as to…
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