Law: Civil Procedure Code (V of 1908)

Section: O.XXII,r.3,3(2),11,141,647

Law: Limitation Act, 1908

Section: FirstSchedule,176

Civil Procedure Code (V of 1908), O. XXII, r. 3-Is not applicable to revisions-Petition for revision cannot, therefore, be dismissed on ground of abatement-Civil Procedure Code (V of 1908), S. 141 Indian Limitation Act (IX of 1908), First Schedule, Art. 176. Order XXII, rule 3, Civil Procedure Code, is not applicable to revisions and a petition for revision cannot, therefore, be dismissed on the ground of abatement. Art. 176 of the Indian Limitation Act (IX of 1908) only applies to are application made to bring the legal representative of a deceased plaintiff (which means in a suit) or of a deceased appellant (which means in an appeal) on record. There is thus nothing in this Article which would attract its provisions to a revision. Section 141 of the Code of Civil Procedure applies to the procedure provided in the Code in regard to suits (the omission of the word "appeal" is significant) to all proceedings in any Court of Civil Jurisdiction. The section is so drafted as to enable a Court to apply the procedure in regard to suits to such proceedings as are in pari materia with suits and thus original in character. A revision is very much unlike a suit although it may share many common features with an appeal. The procedure provid­ed for suits would be mostly inapt and inappropriate to proceedings in revision. I L R 17 All. 106 (111) P C referred to. To extend the procedure provided for suits to revisions would, in the absence of any reference to an appeal or to an appellate Court in sec­tion 141, (the omission being deliberate as the procedure for appeals is provided in O. XLI of the Code) put such a strain on its language as it cannot stand. 21 I C 407 ; A I R 1927 Lah. 13 F B ; A I R 1938 Mad. 115 distinguished. Order of Reference to Division Bench Sir Abdur Rahman, A. C. J.---- Nawab Saadat Ali Khan brought a suit for damages against the Administrator of the Lahore Municipality. It was dismissed by the judge of the Court of Small Causes at Lahore on the 21st July 1942. He filed a revision against that decision on the 19th October 1942. This came up originally before a learned Single judge of this Court who referred the whole case on the 13th January 1944 for…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492