| Citation(s) |
|---|
| 2010 SLG 2541 = 2010 SLD 2541 = 2010 YLR 1608 |
Lahore High Court
Civil Revision No.608-D of 2009, decided on 25th January, 2009.
Presented By: Hafiz Abdul Rehman Ansari, J
Civil Revision No.608-D of 2009, decided on 25th January, 2009.
Presented By: Hafiz Abdul Rehman Ansari, J
GHULAM YASEEN---Petitioner
VERSUS
Haji IMAM BAKHSH ---Respondent
Law:
Section:
(a) Limitation Act (IX of 1908)--- ----Ss. 5 & 29(2)---Civil Procedure Code (V of 1908), S.115---Civil revision barred by 14 days---Period of limitation prescribed in S.115, C.P.C. for filing of revision petition, being 90 days; provisions of S.29(2) of Limitation Act, 1908 would apply---Delay in filing revision petition, beyond the period of 90 days prescribed under S.115, C.P.C. could not be condoned under S.5 of Limitation Act, 1908---Constitutional petition was dismissed in limine. Rehmat Bibi and 4 others v. Ghazanfar Hussain and another PLD 1983 SC (AJ&K) 25 ref. (b) Limitation Act (IX of 1908)--- ----Ss. 5, 12 & 13---Civil Procedure Code (V of 1908), S.115---Period of limitation---Enlargement of time---Powers of court---Scope---Law of limitation had got its own significance prescribed for instituting proceedings---Sections 5, 12 & 14 of Limitation Act, 1908 empowered court to enlarge the period of limitation according to particular circumstances of each case, provided those provisions had been specifically made applicable on the proceedings and in absence of its application, the court on its own would not be competent to apply the said, provisions to condone delay in filing proceedings Principles. Muhammad Inayat and 4 others v. Mst. Nisar Fatima PLD 1994 SC 120; Muhammad Inayat and others v. Fateh Muhammad and others PLD 2004 SC 778; Furqan Ahmad Khan v. Abdul Rehman and others 1997 SCMR 422; Allah Dino v. Muhammad Shah 2001 SCMR 286; Rehana Kausar and others v. Faqir Muhammad 2004 CLC 1202 and Haji Ahmad v. Noor Muhammad 2004 SCMR 1630 rel. Ahsan Raza Hashmi for Petitioner. ORDER HAFIZ ABDUL REHMAN ANSARI, J.---Through this civil revision, petitioner calls in question the judgments and decrees passed by two Courts below first judgment and decree of the learned Additional District Judge dated 2-12-2008 and second judgment and decree of the learned Civil Judge, dated 28-11-1996. 2. Brief facts of the case are that respondents/plaintiffs filed suit in the Court of learned Civil Judge 1st Class, Layyah for the recovery of Rs.38,558 on 3-6-2004. Respondent/plaintiff is running a cloth shop and he used to sell clothes on credits and cash…