Law: Civil Procedure Code (V of 1908)

Section: 151

 Civil Procedure Code (V of 1908); S. 151-Case "deemed to be pending" in Court by operation of law (Azad Jammu & Kashmir Courts and Laws Code, 1949, S. 2)-Petitioner under S. 151 not asking for any relief, but simply reminding Court of its duty to bring out old file of his case for action-Held, no limitation is prescribed for such application.   Sher Muhammad v. Khuda Bux P L D 1961 Lah. 579_ ref.   Painda Khan v. Tiwana P L D 1962 Lah. 92 rel.   Unreported cases of Azad J. & K. High Court: Mst. Bevi v. Faiz Talab Civil Rev. No. 26 of 195'2, Shamas Din v. Mst. Sahib Noor Civil Review No. 3-A/62, Malak Husain v. Muhammad Khan Civil Appeal No. 41 of 1955 and Alif v. Imam Bakhsh Civil Rev. No. 19 of 1955 also ref.   JUDGMENT   MUHAMMAD SHARIF, A. C. J.-This is a revision petition against the order of the Sub-Judge, Mirpur, dated 13-2-1962 by which the File No. 436 Pure Civil entitled "Muhammad Sharif v. Feroze Din etc." (date of institution 19-7-2003 Bik.) was brought out of the Record Room and restored to the file of the Court.   The facts giving rise to this revision petition are that during the Dogra regime Muhammad Sharif brought a declaratory civil suit based on the right of prior purchase in the Court of the Munsiff, Mirpur, against Mst. Nazir Begum and others. Before the War' of Liberation the case was fixed for 11th Kalik, 2004 in the Court of the Munsiff, Mirpur, but due to the breaking out of the War of Liberation the Court did not sit on that date and the file remained without recording any further order. Muhammad Sharif plaintiff. then made an application under ,section 151, C. P. C. on 8-4-1957 (A. D.) in the Court of the Sub-Judge, Mirpur praying that a Civil Suit which had been instituted during the Dogra regime and had been left undecided due to the War of Liberation be brought out from the Record Room and proceedings taken according to law. He showed in this application that he had been waiting for a notice from the Court and after the passing of along time and no notice having been received, he caused a search to be made in the Record Room and the file having been traced he…