Law:

Section:

Civil Procedure Code (v of 1908)--- --- S. 115 --- Limitation Act (IX of 1908), S.5 --- Revision --- Limitation--­condonation of delay --- Revision filed after ninety (90) days could not be entertained unless satisfactory explanation was offered for delay in filing thereof --- Where revision was filed after about nine months of passing of impugned and decree and there was no application for condonation of delay nor any explanation for delay beyond ninety days had been furnished such revision would suffer from defect of laches and was liable to be dismissed for that defect alone. Hakim Farzand Ali v. Syed Zafar Ahmad Shah 1986 MLD 2102 and Muhammad Swaleh etc. v. M/s. United Grain and Fodder Agencies PLD 1964 SC 97 ref. Manager, Jammu and Kashmir State Property in Pakistan v. Khuda Yar and another PLD 1975 SC 678 fol. JUDGMENT Facts giving rise to this civil revision are that one Muhammad Shafi was serving as a Khalasi (Peon) with the Estate Inspector, Office of the Divisional Superintendent, Railways, Lahore, when he breathed his last. Claiming to be the widow of Muhammad Shafi Mst. Allah Rakhi, who is respondent No.3 herein, withdrew a sum of Rs.8,477.90. This amount was payable to Muhammad Shafi on account of G.P. Fund, Pension, Gratuity, Group Insurance, etc. Thereafter, respondents Nos.1 and 2, namely, Muhammad Arshad and another, demanded the said amount stating that they were sons of Muhammad Shafi deceased. As for respondent No.3, Mst. Allah Rakhi, their plea was that she had been divorced by Muhammad Shafi before his death and, therefore, she was not entitled to have anything out of the said amount. Plea of respondents Nos.1 and 2 was rejected by the Railway authorities on the ground that they had already paid the said sum to Mst. Allah Rakhi. Respondents Nos.1 and 2, therefore, filed a suit against the petitioners, Islamic Republic of Pakistan and another, and respondent No.3, Mst. Allah Rakhi,' for recovery of the aforesaid amount. The suit was dismissed by a Civil Judge whereupon they went in appeal before an Additional District Judge. The learned Additional District Judge accepted the appeal and decreed the suit. Hence this civil revision by the…

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