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| 2025 SLG 2191 2025 SLD 2191 = 2025 SCP 280 = 2025 SCP 2092 |
Civil Petition No. 1898-L of 2021 (Against the order dated 16.09.2021 of the Lahore High Court, Lahore passed in Writ Petition No.59849/2017)
Mr. Justice Yahya Afridi, CJ Mr. Justice Muhammad Shafi Siddiqui
Petitioner: Ch. Fayyaz-ur-Rehman Khalid, In-person.
Respondents No. 1 and 3: Amir Javed and Nadeem-ur-Rehman, In-person.
Ch. Fayyaz-ur-Rehman Khalid. … Petitioner
VERSUS
Amir Javed and others. … Respondents
Law: Code Of Civil Procedure, 1908.
Section: 115
Law: Limitation Act, 1908
Section: 5
Summary:
The revisional court, under Section 115 of the Code of Civil Procedure (CPC), has limited jurisdiction to interfere with the discretionary findings of a trial court, particularly in matters such as condoning delay in filing restoration applications. The trial court in this case had lawfully exercised its discretion to restore the suit and condone delay on valid grounds, including the petitioner’s incarceration and unawareness of proceedings. The revisional court erroneously reversed this finding by ignoring the condonation application and misinterpreting the timeframe for filing. Since the trial court acted within its lawful jurisdiction without arbitrariness or perversity, the revisional court and High Court should not have overturned its order. Consequently, the impugned orders were set aside, and the trial court’s order restored for expeditious disposal of the suit.
Core Points:
The trial court dismissed the suit for non-prosecution but restored it after condoning delay based on the petitioner’s imprisonment and inability to attend court.
Section 5 of the Limitation Act allows condonation of delay, which was properly invoked by the petitioner.