Case Details

Citation(s)
1980 SLG 423 1980 SLD 423 1980 SCMR 959
Supreme Court of Pakistan
Civil Petition. Or Special Leave to Appeal No. 65 of 1975, decision dated: 25-03-1980. (On appeal from the judgment and order of the Lahore High Court dated 11 11 1974 in Review Petition 28/C of 1974)
DORAB PATEL AND NASIM HASAN SHAH, JJ

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AHMAD DIN

VS

Mst. SYRAN BI ETC.

Law:

Section:

(a) Civil Procedure Code (V of 1908) O. XLVII, r. 1 read with S. 115 Review Dismissal of revision in limine by High Court Does not amount to an error much less an error apparent on record within meaning of O. XLVII, r. I. [Review¬ Revision]. (b) Limitation Act (IX of 1908)-----First Sched. Art. 162 read with S. 12 Certified copy of High Court's order passed in revision not filed in support of review application Time taken in obtaining such copy Held, not time required within meaning of S. 12 for filing a time barred review application in High Court Review application, in circumstances, merited dismissal for being grossly time barred [Limitation Revision]. Bashir Zafar, Advocate and M. A. Qadri, Advocate on Record for Petitioner. Nemo for Respondents Date of hearing: 19th March, 1980. ORDER DORAB PATEL, J In 1970, the petitioner filed a suit in the Court of the Civil Judge, Jhelum, against the respondents for a declaration that he .was entitled to a 3/4th share in the estate of one Noor Muhammad, deceased, but by his judgment dated 11 10 1971 the learned Civil Judge decreed the petitioner's suit for a 1/4th share in the estate of Noor Muhammad, deceased. Therefore, he challenged this judgment in an appeal in the District Court, Jhelum, but as the learned District Judge dismissed the appeal, he intended first to challenge the judgment of the learned District Judge in a second appeal in the Lahore High Court. However, on account of the promulgation of the Law Reforms Ordinance and on the assumption that the value and subject matter of the suit under appeal was less than Rs. 2,000 he filed a revision in the High Court against the judgment of the District Judge. This revision was dismissed in limine by a learned Judge of the Lahore High Court on 29 3 1974 on the ground that no case had been made out for a revision. Then nearly three months later, the petitioner sought a review of this order of 29 3 1974 on the ground that as the value of the subject matter of the property in the case was much more than Rs. 2,000 "the revision petition was not competent, therefore, regular second appeal as originally filed by the petitioner is still pending undisposed of. It is not…
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