Law:

Section:

Karachi Rent Restriction Act (VIII of 1953)---- S. 15(1) read with S. 12 (2), Limitation Act (IX of 1908) - Application for Revision to Chief Judge, Small Causes Court, Karachi, against Controllers order-Limitation-Time spent in obtaining copies of order to be excluded-Word "appeal" occurring in S. 12(2), Limitation Act, 1908, to be construed in broad sense so as to include a revision falling under S. 15 (1), Karachi Rent Restriction Act, 1953-Civil Procedure Code (V of 1908), S. 115: Held, that the word "appeal" occurring in section 12 (2), Limi­tation Act, 1908 should be construed in a broad sense so as to include a revision under the Karachi Rent Restriction Act, 1953. The time required for obtaining a copy of the decree and must be excluded, even though by the rules of the Court it was not necessary to obtain such copies. An application by way of Revision is the only remedy provided by the Karachi Rent Restriction Act, 1953. Such a revision has all the characteristics of an "appeal". In other words the revisional power under this Act is not subject to any specified restrictions like those mentioned in section 115, C. P. C. It is, therefore, clear that the word "revision" in this Act has not been used in the same sense as what is technically known as a revision under section 115 of the Code of Civil Procedure, 1908. The remedy which has been given to the aggrieved part by way of revision does not differ in essence from a right f appeal. Under the Code of Civil Procedure a distinction has been made between a "revision petition" and "an appeal". Under section 115 of the Code of Civil Procedure a revision petition only lies where an appeal does not lie. But here a revision petition had been filed under a special Act, namely, Karachi Rent Restriction Act, 1953. It cannot be said that the special Act deals with revision petitions in the same sense as it is used in the Code of Civil Procedure. The Attorney-General v. H. J. Sillem and others 11 E R X H L C 703 ; Nagendar Nath De v. Suresh Chandra De 59 I A 283 ; Raja of Ramnad v. Kamid Rowthen and others 53 I A 74 and Jijibhoy N. Surti v. T. S. Chettyar A I R 1928 P C 103 ref. Story : "The Constitution" (Vol. II)…

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