Case Details

Citation(s)
1999 SLD 748 = 1999 CLC 713
Lahore High Court
Civil Revision No.457 of 1984, decided on 30th June, 1998
Presented By: Before Raja Muhammad Sabir, J
Ch. Abdul Ghani for Petitioners. Syed Kabir Mahmood for
Respondents

ALLAH YAR and another---Petitioners

VERSUS

FAIZ AHMAD and 5 others---Respondents

Law: Civil Procedure Code (V of 1908)

Section: 115 , 5

    Civil Procedure Code (V of 1908)--- ----S.   115---Limitation   Act   (IX   of   1908), S.5---Revision---Limitation---Revision against judgment of Appellate Court below which was to be filed within ninety days from judgment of Appellate Court, was filed after about two years--Petitioner neither had submitted any application under S.5 of Limitation Act, 1908 for condonation of delay nor had furnished any satisfactory explanation for said delay---In absence of any special circumstances justifying delay, revision petition which was hopelessly barred by time, was not maintainable. Ch. Jalal Din v. Mst. Asghari Begum and another 1984 SCMR 586; Muhammad Swaleh and others v. Messrs United Grain and Fodder PLD 1964 SC 97; Messrs Pakistan Pharmaceutical Products Ltd. and 4 others v. Karachi Building Control Authority 1986 CLC 581; Khadim Hussain and others v. Mst. Fazlan Bibi and others 1997 MLD 411; Binyameen and 3 others v. Chaudhry Hakim and another 1996 SCMR 336; Muhammad Ilyas v. Azhar Hafeez Sheikh and others PLD 1981 Lah. 353; Abdur Rauf and others v. Abdur Rahim Khan PLD 1982 Pesh. 172; Elahi Bakhsh v. Muhammad Asam and others PLD 1992 Lah. 349; Muhammad Mian v. Syed Shamimullah and 2 others PLD 1993 Kar. 146; Islamic Republic of Pakistan v. Muhammad Arshad and others 1992 CLC 2216 and Manager, Jammu and Kashmir State Property in Pakistan v. Khuda Yar and others PLD 1975 SC 768 ref. Ch. Abdul Ghani for Petitioners. Syed Kabir Mahmood for Respondents Date of hearing: 30th June, 1998.   JUDGMENT This revision petition is directed against the judgment dated 14-9-1982 passed by learned Additional District Judge, Vehari, whereby he accepted the appeal of the respondents and rejected the application of the petitioners instituted by them under section 12(2), C.P.C. before learned Civil Judge 1st Class, Vehari against the decree dated 1-6-1981 on the grounds that they were neither judgment-debtors nor his successors-in-interest. Brief facts of the case are that Mst. Sakina Bibi respondent No.5 was allottee of 4/21 share out of land measuring 299 Kanals and 10 Marlas situated in Chak No.33/KB, Tehsil…
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