Law: Limitation Act, 1908

Section: 14

Law: Civil Procedure Code (V of 1908)

Section: 114,O.XLVII

Limitation Act (IX of 1908)-------S. 14---Civil Procedure Code (V of 1908), S.114 & O.XLVII---Review--­Maintainability---Non-availing the remedy available under the law against the basic order and instead prosecuting the review application in the same Court, would not entitle the petitioner to the benefit under S.14, Limitation Act, 1908---Time so spent cannot be excluded from computing period of limitation in case the review petition is dismissed on' the grounds other than lack of jurisdiction. Ghulam Hussain and another v. Kanwar Ashiq Ali Khan and another PLD 1980 SC 198 and Pir Muhammad v. Education Town Cooperative Society Ltd., Lahore 1982 SCMR 995 fol. Indrajit Pratap Bahadur Sahi v. Antar Singh and others AIR 1923 PC 128 and Berhari Lal and another v. M.M. Gobardhan Lal and others AIR 1948 All. 353 distinguished. Sh. Zamir Hussain, Advocate Supreme Court and Ejaz Muhammad, Advocate-on-Record for Appellants. Abdul Karim Khan Kundi, Advocate Supreme Court and Samad Mahmood, Advocate Supreme Court for. Respondent. Date of hearing: 7th October, 1999. JUDGMENT ABDUR REHMAN KHAN, J.---This appeal with leave of the Court impugns legality of the judgment delivered in revision by a learned Judge of the High Court on 23-9-1992 and also the judgment dated 5-4-1993 passed in review petition. ' 2. Respondent instituted suit for declaration with a prayer of permanent injunction in respect of the disputed land and also for further relief of cancellation of the deeds allegedly executed in favour of the defendant which affected his proprietary rights in the disputed land. The suit was contested by the appellant/defendant who denied ownership over the suit property. 3. The learned trial Court decreed the suit and that judgment was confirmed in appeal by the Appellate Court and in revision by the High Court on 23-9-1992. The appellant then challenged the correctness of the High Court judgment passed in revision through review petition which was dismissed on 5-4-1993. 4. The learned counsel representing the respondent raised preliminary' objection that the Civil Petition has been filed after 9 months of the order dismissing the revision petition and is, thus,…

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