Law:

Section:

(a) Contract Act (IX of 1872)-------S. 39---Limitation Act (IX of 1908), Art. 97---Rescission of contract---Suit for recovery of earnest money---Limitation---Period for filing a suit for recovery of earnest money on rescission of contract having been prescribed three years under Art.97 of Limitation Act, 1908, such suit filed after expiry of prescribed period would not be maintained being barred by time. Pakistan v. Pak Chroma Leather Company Ltd. PLD 1983 Lah.326; Amna Bibi v. Uditnarain 36 IA 44 (PC) and Munni Babu v. Kanwar Kamta Singh AIR 1923 All. 321 ref. (b) Civil Procedure Code (V of 1908)--- ---S. 20---Contract Act (IX of 1872), S. 39---Rescission of contract---Suit for recovery of earnest money---Jurisdiction of Court ---Work/conrtact in question was to be executed at ' Jhelum' and earnest money, which was subject-matter of civil suit, was deposited with and forfeited by official functionary at Gujrat--­Civil Courts at Lahore, in circumstances, had no territorial jurisdiction to entertain and adjudicate the matter--Mere fact that functionaries working at Lahore who otherwise were not even necessary or proper parties, were impleaded as parties, would not confer territorial jurisdiction on Civil Courts at Lahore. (c) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction, exercise of---Judgment and decree passed by Appellate Court below suffered from material illegality and irregularity causing great miscarriage of justice--Evidence on record was misread by Appellate Court below in material particulars---High Court in exercise of revisional jurisdiction set aside and decree passed by Appellate Court below, in circumstances. JUDGMENT This revision petition is directed against the judgment and decree, dated 28-11-1994 passed in Civil Appeal No.258 of 1993 by the learned Additional District Judge, Lahore, whereby the judgment and decree, dated 16-5-1990 dismissing the Civil Suit No.52/1 of 1985 by the learned Civil Judge, Lahore was reversed. 2. The respondent filed a suit for recovery of Rs.20,000 as earnest money in regard to a contract between the parties. The same was rescinded by the petitioner No.3. As many as six issues were framed…

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