| Citation(s) |
|---|
| 2023 SLG 556 2023 SLD 556 2023 SCMR 485 |
Supreme Court of Pakistan
C.P. No. 3125 of 2020, decision Dated: 19th January, 2023. (Against the order Dated 29.09.2020 of the Lahore High Court, Lahore, passed in Civil Revision No. 160480 of 2018). heard on: : 19th January, 2023.
SYED MANSOOR ALI SHAH, JAMAL KHAN MANDOKHAIL AND SHAHID WAHEED, JJ
Ch. Amir Hussain, Advocate Supreme Court (through video link from Lahore) for Petitioner. M. Afzal Janjua, Advocate Supreme Court for
Respondent.
C.P. No. 3125 of 2020, decision Dated: 19th January, 2023. (Against the order Dated 29.09.2020 of the Lahore High Court, Lahore, passed in Civil Revision No. 160480 of 2018). heard on: : 19th January, 2023.
SYED MANSOOR ALI SHAH, JAMAL KHAN MANDOKHAIL AND SHAHID WAHEED, JJ
Ch. Amir Hussain, Advocate Supreme Court (through video link from Lahore) for Petitioner. M. Afzal Janjua, Advocate Supreme Court for
Respondent.
Mst. JAMEELA BIBI (DECEASED) through LRS
VS
Mst. FATIMA BIBI (DECEASED) through LRs
Law: Limitation Act, 1908
Section: 181
Law: Civil Procedure Code (V of 1908)
Section: 115
Limitation Act (IX of 1908)--- ----First Sched., Art. 181---Civil Procedure Code (V of 1908), S. 115---Application for restoration of civil revision dismissed in default---Limitation period---Three years---Period of limitation for filing an application for restoration of a civil revision (dismissed in default) is three years under Article 181 of the First Schedule to the Limitation Act, 1908--- Petition for leave to appeal was converted into appeal and allowed with the Supreme Court expressing its concern that for applications for restoration of a suit and an appeal, the period of limitation under the Limitation Act, 1908 is 30 days, whereas the period for filing an application for restoration of a civil revision is three years; that the logic for such differentiation is not clear and may be taken up in some appropriate case for consideration. Ghulam Qadir and others v. Sh. Abdul Wadood and others PLD 2016 SC 712 ref. ORDER SYED MANSOOR ALI SHAH, J.---The civil revision filed by the petitioner before the High Court was dismissed for non- prosecution on 30.03.2019. The petitioner filed an application for restoration of the said revision on 15.10.2019. The said application was dismissed by the High Court through the impugned order dated 29.09.2020 passed in C.Ms. Nos.1 and 2 of 2019 on the ground that it was barred by time. 2. We have heard the learned counsel for the parties and examined the record of the case. The application for restoration of the civil revision of the petitioner was dismissed on the basis of Article 168 (mistakenly mentioned in the impugned order as Article 169) of the Third Division of the First Schedule of the Limitation Act, 1908 (“The Act”), which provides for a period of thirty days for maintaining such an application in case of an appeal. Perusal of the First Schedule of the Act reveals that Article 163 deals with application for restoration…
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