Law: Limitation Act, 1908

Section: 5,12(2)

Law: Sindh Civil Court Rules

Section: 323

Law: Civil Procedure Code (V of 1908)

Section: O.41,R.31

Limitation Act (IX of 1908)--- ----S. 5--- Revision--- Condonation of delay--- Principle--- Parties disputed ownership of evacuee land and same was decided in favour of plaintiff by Trial Court but Lower Appellate Court reversed findings---Plaintiff filed revision petition before High Court and sought condonation of delay---Validity---Plea of plaintiff about condonation of delay could have had substance if they had been kept in dark about proceedings but they themselves being plaintiffs in suits and respondents in appeal were unable to make out a case for condonation of delay---No material was brought on record in support of their request that delay of four months should be excused for any reason/factor beyond control of plaintiffs---High Court declined to interfere as revision was time barred---Revision was dismissed in circumstances. Mst. Jamila Khatoon and another v. Mst. Tajunissa and others PLD 1984 SC 208; City District Government, Lahore v. Mian Muhammad Saeed Amin 2006 SCMR 676; Atta Muhammad v. Maula Bakhsh and others 2007 SCMR 1446; Government of N.W.F.-P. and others v. Abdul Malik 1994 SCMR 833 and Ghulam Qadir and others v. Sh. Abdul Wadood and others PLD 2016 SC 712 ref. THIS ORDER PASSED BY: MUHAMMAD FAISAL KAMAL ALAM, J.--- Through this Civil Revision, the Applicants have challenged the Judgment dated 12.10.1991 and Decree dated 17.10.1991, handed down by the learned Appellate Court (3rd Additional District Judge, Khairpur) in Civil Appeal No.46 of 1986, as a result of which the earlier Judgment and Decree passed by the learned Trial Court (Senior Civil Judge-II, Khairpur) in F.C. Suit No.127 of 1984 (old No.66 of 1975) have been set aside. 2. The present Applicants were the Plaintiffs, who earlier filed the above mentioned F.C. (First Class) Suit No.127 of 1984, against the present Respondents. The present Applicants in the Suit sought a relief that the earlier order dated 28.05.1975, passed by Deputy Commissioner, Khairpur (present Respondent No.12) be declared as void ab initio, because as a result of this order, as per the Applicants' averments, the Applicants have been prejudiced and this order adversely affected the proprietary rights of…

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