Law: Civil Procedure Code (V of 1908)

Section: 115, 96

Law: Limitation Act (IX of 1908)

Section: 5

(a) Civil Procedure Code (V of 1908) S. 115-Revision-Illegal order by itself be set aside by High Court in revisional jurisdiction under S. 115-Lower Court shown to have acted in exercise of its jurisdiction illegally or with material irregularity-Order passed by such Court, held, would be revisable. [Revision (civil)]. (b) Civil Procedure Code (V of 1908) S. 96-Appeal-Limitation-Appellant applying for copy of order to be appealed against-Receipt issued by copying agency not show ing date of delivery of certified copy-Appellant regularly visiting Copying Branch but always told that copy was not ready until same finally delivered to him when appeal had become time-barred-Order of District Judge dismissing appeal as time-barred set aside and appeal sent back to him for hearing on merits-High Court Practice and Procedure, Chap. C., r. 23-Limitation Act (IX of 1908), S. 5. [Appeal (civil)-Limitation]. Syed Faiz All Shah v. Chief Administrator of Auqaf, Lahore 1974 S C M R 33 rel. Date of hearing : 7th July 1976.                                                                                                                                                    JUDGMENT This revision application is directed against the order of District Judge Hazara dated 22-11-75 by which he dismissed the civil appeal of petitioners (as barred by limitation) against the order of Senior Civil Judge, Abbottabad granting mandatory injunction in favour of respondents. Briefly stated, the facts of the case are that respondents were, by a written contract dated 20-6-72, allowed by petitioner to exploit timber in Reserved Forest, Dewan Bela, District Hazara. During the progress of the work, however, respondents are alleged to have committed illicit damage in the forest, and in consequence thereof 'the petitioner asked them to…