Law: Civil Procedure Code (V of 1908)

Section: 115

Civil Procedure Code (V of 1908)-- ----S. 115---Constitution of Pakistan (1973), Art. 185(3)---Dismissal of petitioner's revision by High Court as being hopelessly time-barred-- Validity---High Court in exercise of its revisional jurisdiction can decline to grant relief to petitioner where petitioner had approached the Court without any reasonable cause and his conduct had been contumacious or revision had been filed after undue delay or some other similar circumstances existed which disentitled him to such relief--Where revision petition was kept for nearly two years (on being asked to remove certain objection) before it was refiled and reasons for delay assigned before Court were far from sufficient to invite indulgence of Court, petitioner's conduct being contumacious, same would not justify exercise of discretion in his favour---Discretion exercised by High Court in dismissing revision as being hopelessly time-barred was proper which did not justify interference---Leave to appeal was refused in circumstances. Karamat Hussain and others v. Muhammad Zaman and others PLD 1987 SC 139; Riasat Ali v. Muhammad Jaffar Khan and others 1991 SCMR 496 and Manager, Jammu and Kashmir State Property in Pakistan v. Khuda Yar PLD 1975 SC 678 ref. S.M. Tayyab, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, ,Advocate-on-Record for Petitioners. Sh. Masud Akhtar, Advocate-on-Record for Respondents Date of hearing: 29th March, 1995. ORDER MAMOON KAZI, J.--The brief facts of the case are that a suit was filed by respondent No.1 against the petitioners and respondents Nos.2 and 3 challenging validity of Mutation No.876, dated 25-9-1958, in respect of a piece of land situated in Mauza Latkaran, Tehsil and District Muzaffargarh, which was decreed in favour of respondent No.l on 26-6-1989. Respondents Nos.2 and 3 did not contest the suit but the petitioners filed an appeal against the judgment of the Civil Judge which was also dismissed and consequently a revision was filed by the petitioners before the Lahore High Court against the judgment of the appellate Court, dated 24-11-1990. The revision was filed on 2-3-1991, but the same was returned to the petitioners'…