Law: Limitation Act, 1908

Section: 163

Law: Arbitration Act, 1940

Section: 8,20

(a) Limitation Act (IX of 1908)--- ----Art. 163---Dismissal of suit for non-prosecution---Scope---Where an application for the restoration of a petition was filed after the lapse of 80 days, the High Court observed that under Art. 163 of the Limitation Act, 1908, the prescribed limitation was 30 days from the date of the dismissal of the suit and held that the application was time-barred. Mian Muhammad Asif v. Fahad and another 2009 SCMR 1030 rel. (b) Limitation--- ----Condonation of delay---Scope---It is imperative for a party to explain the delay of each and every day. Mst. Ghulam Sakina and 6 others v. Karim Bakhsh and 7 others PLD 1970 Lah. 412 and Sabzal and others v. Bingo and others PLD 1989 Kar. 1 ref. JUDGMENT CH. MUHAMMAD IQBAL, J.---Through this civil revision, the petitioner has called in question the order dated 02.03.2019 passed the learned Civil Judge, Lahore whereby application under section 151, C.P.C. for recalling the order dated 16.12.2017 regarding dismissal of petition under section 14(2) of the Arbitration Act 1940 and application for recalling the order dated 04.01.2018 qua dismissal of objection petition for non-prosecution under sections 8 and 20 of the Arbitration Act, 1940 (in the shape of suit) filed by the petitioner were dismissed. 2. Brief facts of the case are that the petitioner filed a petition under sections 8 and 20 of the Arbitration Act 1940 for making the award dated 08.01.2011 as rule of court. Petitioner filed an objection petition on the award which was opposed by the respondents. During the pendency of the case petitioner filed an application under section 14(2) of the Act ibid. The said application was dismissed for non-prosecution on 16.12.2017 whereas the main petition (suit) was also dismissed for non-prosecution on 04.01.2018. Petitioner filed an application on 06.03.2018 for restoration of the main petition and recalling the orders dated 16.12.2017 and 04.01.2018. The said application was dismissed by the learned Civil Judge, Lahore vide order dated 02.03.2019 being barred by limitation. Hence, this civil revision. 3. I have heard the arguments advanced by the learned counsel for the parties at full length and…

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