Law: Civil Procedure Code (V of 1908)

Section: 114

Law: Limitation Act, 1908

Section: 5

Civil Procedure Code (V of 1908)--- ----S. 114---Limitation Act (IX of 1908), S. 5 & Sched.---Review---Limitation---Condonation of delay---Exclusion of time lapsed in proceedings of intra-court appeal sought review of order of High Court passed in Constitutional petition, and sought condonation of delay for filing the same, on ground that applicant had filed intra-court appeal against said order and subsequently withdrew the same in order to file present application for review---Contention of petitioner was that time consumed in pendency of said intra-court appeal should be excluded in counting time for filing of review---Validity had himself chosen forum of intra-court appeal and his subsequent withdrawal of same without specifically seeking permission for condonation of time consumed in such proceedings and then adopting another forum by filing application for review against same order, was not a practice recognized in law---Fault in approaching wrong forum for redressal of grievance would not be a reasonable cause to condone delay---Review being barred by time, was rejected in circumstances. Ahmad Jan and others v. Qazi Azizul Haq and others 2009 SCMR 1022; Trading Corporation of Pakistan v. Devan Sugar Mills Limited and others PLD 2018 SC 828 and 2002 PLC (C.S.) 960 rel. ORDER MUHAMMAD QASIM KHAN, JUSTICE:---.--- Through this petition, the petitioner seeks review of the order dated 18.02.2015 whereby, Writ Petition No.5059/2010 filed by the petitioner had been dismissed. 2. Irrespective of the merits of the case, it has been observed by this court that the order under review was passed by learned Single Judge in chamber on 18.02.2015. Thereafter, the petitioner filed an Intra Court Appeal (I.C.A. No.588/2015) before a Division Bench of this Court on 28.04.2015, the same was however, withdrawn on 29.03.2017 with the following order:-- "Learned counsel for the Appellant seeks permission to withdraw this ICA in order to file review application before the proper forum. Allowed. 2. Dismissed as withdrawn." Thereafter, on 12.04.2017 the instant review petition was filed by the petitioner. The legal position is very much clear that under section 162 of the…

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