Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Limitation Act, 1908

Section: 5

(a) Void order--- ----Mere irregular, incorrect, erroneous or illegal order does not necessarily fall within the conception of term "Void". Muhammad Swaleh v. United Grain Fodder Agencies, PLD 1964 SC 97 and Land Acquisition Collector, Nowshera and others v. Sarfaraz Khan and others, PLD 2001 SC 514 rel. (b) Civil Procedure Code (V of 1908)--- ---S. 115---Limitation Act (IX of 1908), S. 5---Revision---Limitation---Condonation of delay---Applicants assailed orders passed by Lower Appellate Court beyond period of limitation--- Validity--- Applicable period of limitation was prescribed in terms of S. 115, C.P.C., itself rather than under Limitation Act, 1908--- High Court declined to condone delay as revision application filed by applicant was barred by limitation by a period of delay that exceeded well beyond that portrayed for the purpose of condonation---Provision of S. 5 of Limitation Act, 1908, was inapplicable---Revision was dismissed, in circumstances. Allah Dino and others v. Muhammad Shah and others 2001 SCMR 286 and Hafeez Ahmed and others v. Civil Judge, Lahore and others PLD 2012 SC 400 rel. Date of hearing: 16th March, 2018. JUDGMENT YOUSUF ALI SAYEED, JUSTICE:---.--- These Revision Applications all proceed on an identical footing in terms of assailing the Orders of the learned Vth Additional Sessions Judge, Sukkur in Appeal Number 91 and 93 of 2011 and Appeal Numbers 23 to 29 of 2012 preferred by the present Applicants against the Orders of the learned 1st Civil Judge, Pano Aqil in Suit Numbers 21 and 22 of 2007 and Suit Numbers 11 to 17 of 2008 instituted by the Applicant, whereby the Applications under Order VII, Rule 11, C.P.C., filed in each of the aforementioned Suits by the respective Respondents were allowed. 2. Upon the presentation of these Revision Applications, the office had raised a preliminary objection as to maintainability thereof on the point of limitation, in as much as the Impugned Orders of the Appellate forum in Appeals Number 91 and 93 of 2011 were made on 11.01.2012 and in Appeals Numbers 23 to 29 of 2012 on 18.01.2012, whereas the instant Revisions came to be presented on 08.08.2012, well beyond the period of 90 days…

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