| Citation(s) |
|---|
| 1995 SLG 1002 1995 SLD 1002 1995 CLC 550 |
Peshawar High Court
L of 1994, decision dated: 15-12-1994
JAWAID NAWAZ KHAN GANDAPUR, J
Abdul Rehman Hussaini for Petitioner
L of 1994, decision dated: 15-12-1994
JAWAID NAWAZ KHAN GANDAPUR, J
Abdul Rehman Hussaini for Petitioner
SAIN-
VS
BAZ and 5 others
Law:
Section:
(a) Civil Procedure. Code (V of 1908)-------S. 115---Limitation Act (IX of 1908), Preamble and S. 5---Filing of revision---Limitation---Although no period of limitation has been prescribed for filing of revision in Limitation Act, 1908, yet the same has to be filed diligently within period of 90 days---Revision, however, could be filed after expiry of 90 days provided petitioner had made out a case for condonation of delay---Court, while considering question of condonation of delay in filing revision would not follow strict rule that delay of each day was to be explained but at the same time every ground of delay could not be accepted. Mahant Goswami Krishnadevanand Ramji v. Mahant Kabildeo Ramji AIR 1942 Pat. 251; Sant Ram v. Mst. Amrawati and others AIR 1953 Bilaspur 9; Nani Lal De and others v. Tirthalal De and others AIR 1953 Cal. 513; Rohtas Industries Ltd. and another v. P.N. Gour AIR 1957 Pat. 16; Ahmad Sheikh v. Paris Museum AIR 1959 J & K 76; Sri Ram Narayan Jaiwal v. Sint. Rajeshwari Devi and others AIR 1978 All. 214; Lahore Municipal Corporation v. Syed Nazir Hussain Shah and others PLD 1982 Lah. 461; Akbar Khan v. Muhammad Khan and others 1990 CLC 1828; Manager, Jammu and Kashmir, State Property in Pakistan v. Khuda Yar and another PLD 1975 SC 678; Riasat Ali v. Muhammad Jaffar Khan 1991 SCMR 496 and Government of. N.-W.F.P. through Chief Secretary and 3 others v. Abdul Malik 1994 SCMR 833 rel. (b) Civil Procedure Code (V of 1908)--- ----Ss.115, 114 & O.XLVII, R. 1---Delay in filing revision---Court declined to enter into factual controversy while hearing review petition against dismissal of revision on ground of bar of limitation---Whether or not counsel for petitioner had acted negligently and was guilty of misconduct was factual controversy and such vague assertions being not supported by any material on record, could not be a sufficient ground for condonation of delay in filing revision. (c) Civil Procedure Code (V of 1908)-- ----S. 115 [as amended by Code of Civil Procedure (Amendment) Act (VI of 1992)]---Filing of revision---Limitation---Revision has to be filed within 90 days of the decision of subordinate Court. ORDER The petitioner…
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