Law: Limitation Act (IX of 1908)

Section: 5, 162A

Law: Civil Procedure Code (V of 1908)

Section: 115

Limitation Act (IX of 1908) S.5 & First Schedule, Art. 162-A---Civil Procedure Code (V of 1908), S. 115---Filing of revision petition, delay in---Condonation of delay---Sufficient cause---Plea taken by the petitioners (Lahore Development Authority /LDA) in application for condonation of delay was that delay was caused because of unintentional mistake of the clerk of LDA counsel who misplaced the file in the office and they were under false impression that a civil revision had been filed in time---Validity---The present revision petition was barred by 255 days---In case of condonation, the applicant has to explain each and every day's delay, but in the case in hand, no such explanation had been offered by the petitioners---The legislature in its wisdom has fixed the period of limitations for a particular action---Besides, invoking remedy by some aggrieved person beyond the period of limitation prescribed for redressal of grievance, creates a valuable right in favour of the opposite party, therefore, in such case, delay of each day has to be explained by the defaulting party to the satisfaction of the court, which could not be condoned lightly or as of routine, as such arbitrary exercise of discretion would cause serious prejudice to the opposite party----Limitation is not a mere technicality and where the limitation period has expired, a right accrues in favour of the other side which cannot be brushed aside---The law of limitation is a rule of procedure, a branch of adjective law, which controls and regulates the process of litigation and time lines to prosecute a cause, failing which the matter must be closed---The litigant must take legal recourse with due diligence, as the law assists those who are vigilant and not those who sleep over their rights---Law of limitation cannot be considered a mere formality, rather is required to be dealt with being mandatory in nature---Present civil revision ought to have been filed within 90 days as per Art.162-A of the Limitation Act, 1908---If objections raised by the office (of Court) were not removed during the period allowed by the office and meanwhile the limitation period expired, the appeal/petition would…