Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. 115(1), second proviso [as added by Code of Civil Procedure (Amendment) Act (VI of 1992) with effect from 24-5-1992]---Revision--Laches---Effect---Revision application filed prior to the addition of second proviso in S.115, C.P.C. was though not governed by the law of limitation, but party was required to approach the revisional Court with due diligence without any avoidable delay---Applicant, for condonation of delay, was under an obligation to submit an acceptable and fair explanation justifying the delay in filing the revision application---Where the applicant failed to dijcharge the onus of such explanation, revision application could not be entertained and was liable to be dismissed. Haji Muhammad Ibrahim Jalalani v. Syed Iftikhar Hussain and another PLD 1993 Kar. 296; Manzoor-ul-Haq v. Mst. Kaneez Begum 1993 CLC 109; Muhammad Mustaqeem v. Abdul Haleem 1992 CLC 435; Juma Khan v. Mst. Shamim 1992 CLC 1022; Mst. Aisha v. Mst. Fatima 1991 CLC 1499; Ghous Bux v. Altaf Hussain PLD 1993 Kar. 410; Mst. Inayat Bibi v. Nazir Ahmed 1991 CLC 1660; NLR 1997 CLJ 451; 1997 MLD 3075; 1997 MLD 2252; Khadim Hussain v. Mst. Fazla Bibi 1996 SCMR 437; PLD 1975 SC 678; PLD 1995 SC 399 and Rafiq Ahmad Khawaja v. Abdul Haleem 1982 SCMR 1229 ref. (b) Civil Procedure Code (V of 1908)--- ----O. XIV---Consolidation of issues---Effect---Consolidation of issues was made after recording of evidence---Parties, in a way, had availed ample opportunity of leading evidence on each issue to their full capacity---Mere consolidation of issues before passing of had not offended right of placing any relevant material on record by the parties---No specific provision under O.XIV, C.P.C. laying down particular procedure for consolidation of issues of two or more suits having been provided, if no prejudice had been caused to either party by way of consolidation of issues of two or more suits for the purpose of writing a common Judgment, consolidation of issues could not be called in question. (c) Civil Procedure Code (V of 1908)--- ----O. XX, R.5---Trial Court had dealt with three different issues jointly--Contention was that three different issues had…

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