Case Details

Citation(s)
2021 SLG 1604 2021 SLD 1604 2021 YLR 1688
Sindh High Court
Revision Application No. 133 of 2014, decided on 5th September, 2016, Date of hearing: 24th August, 2016.
NADEEM AKHTAR, JUSTICE
Mrs. Tabassum Ghazanfar for Applicants Nos. 1 and 2. Abdul Karim Khan for
Respondent No.1. Mst. Riffat Sultana and Tariq Saeed, called absent for
Respondents Nos.2 and 3. Ms. Nigar Afaq, State Counsel for
Respondents Nos. 4 and 5.

SHAIKH MUHAMMAD SAJID AND ANOTHERS

VS

ROOHULLAH JAN AND 5 OTHErs

Law: Specific Relief Act, 1877

Section: 42,54

Law: Limitation Act, 1908

Section: 5

Law: Civil Procedure Code (V of 1908)

Section: 115

Specific Relief Act (I of 1877)--- ----Ss. 42 54---Limitation Act (IX of 1908), S.5---Civil Procedure Code (V of 1908), S. 115---Suit for declaration, injunction and damages---Revisional jurisdiction of High Court---Limitation---Condonation of delay--- Principles-defendants assailed concurrent and decree passed against them by two Courts below in a time barred revision applications-defendants sought condonation of delay---Validity---Whenever application for condoning delay in filing a time barred appeal was filed, irrespective of length or period, delay of each and every day was to be explained in a satisfactory manner to enable Court to exercise discretion in favour of party seeking condonation of delay---High Court declined to interfere in the matter as Lower Appellate Court had given valid and sound reasons for dismissing application and appeal filed by applicants-defendants--- Revision was dismissed in circumstances. Messrs United Bank Ltd. v. Mrs. Rehmat and another 1991 MLD 1803 distinguished. Imtiaz Ali v. Atta Muhammad and another PLD 2008 SC 462; Government of Pakistan through Ministry of Works and another v. Messrs Malbrow Builders, Contractor, Sialkot 2006 SCMR 1248 and Allah Dino v. Haji Ahmed through Legal Heirs and 3 others PLD 2006 Kar. 148 rel. ORDER NADEEM AKHTAR, J.--- This Civil revision Application has been filed by the applicants against the order passed on 14.11.2014 by the learned Vth Additional District Judge Karachi South in Civil Appeal No. 201 of 2014, whereby the said appeal filed by the present applicants was dismissed and the judgment and decree passed against them by the learned trial Court was maintained. 2. The relevant facts of the case are that respondent No.1 filed Suit No. 401 of 2004 against the applicants and respondents 2 to 5 for declaration, permanent injunction, cancellation of documents, possession and accounts. The Suit was contested by the applicants, however vide judgment and decree dated 01.03.2013, it was decreed by the learned trial Court against the applicants as prayed by respondent No.1/plaintiff. The applicants challenged the said judgment and decree by filing Civil Appeal No.201/2014 on 05.11.2014 before…
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