Law: Limitation Act (IX of 1908)

Section: 5 , 115

Limitation Act (IX of 1908)--- ----S. 5---Civil Procedure Code (V of 1908), S. 115 --- Revision --- Condonation of delay---Contention that Government be treated in a manner differently from an ordinary litigant---Validity---Respondent was allotted a plot in the year 1982, after depositing the dues, respondent had raised construction over said plot-- Authorities had cancelled the allotment in the year 1987---Respondent filed a civil suit against action of the Authorities and same was decreed in his favour-- Appeal filed by petitioner was also dismissed by lower Appellate Court---Civil revision under 5.115, C.P.C. had to be filed within ninety days of decision of the subordinate Court but revision petition was barred by time by one year and more than eight months---Effect---Law favoured the vigilant and not the indolent---Delay in filing -of revision petition could not be taken lightly-- Application for condonation of delay was rejected and revision was dismissed in limine. Deputy Collector of Customs and 2 others v. Muhammad Tahir and another PLD 1989 SC 627 distinguished. Commissioner of Income-tax v. Rais Peer Ahmad Khan 1981 SCMR 37; The Deputy Director, Food, Lahore Region. Lahore and others v. Syed Safdar Hussain Shah 1979 SCMR 45 and Custodian of Enemy Property v. Hoshang M. Dastu wand others 1979 SCMR 191 ref. Rana Farman Ali Sabir for Petitioners Nemo for Respondent. ORDER Riaz Ali respondent is a Government servant. During the year 1982 one plot measuring five Marlas of land was allotted to him for an amount of Rs.10,798 by the Deputy Director,   Housing   and   Physical   Planning   Department,   Gujranwala   (petitioner-defendant) from the quota reserved for the Government servants. He paid the price of the plot. The possession of the plot was delivered to him. He has raised the construction on the plot inclusive of the boundary wall. However, the plot was cancelled from his name vide letter, dated 18-3 1987 and the amount of Rs.10,798 deposited as its price was confiscated. The reason assigned for the cancellation of plot from his name was that he defrauded the department as the tenure…