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Civil Procedure Code (V of 1908)--O.XLI, R.5 & OXLVII, R.1---Limitation Act (IX of 1908), S.5---Constitution of Pakistan (1973), Art. 185(3)---Applicability of S.5, Limitation Act, 1908, to review application---Petitioner having presented three applications i.e., application for condonation of delay in presenting review application; application for review of an order earlier passed; and for stay of impugned ---High Court refused to condone the delay, for the reason that provision of S.5, Limitation Act would not apply to petition for review and consequently dismissed all the applications---Validity of---Counsel for parties were agreed that in view of of Supreme Court reported as PLD 1970 SC 1, and the express words of S.5, Limitation Act, 1908, provisions thereof would be applicable to applications seeking condonation of delay---Petition for leave to appeal was, thus, converted into appeal and accepted whereby order of High Court in so far as it held that provision of S.5, Limitation Act, 1908, was not applicable to Review application, was set aside and case was remanded to High Court for examining sufficiency of grounds for delay disclosed in application for condonation of delay for deciding the same. Hussain Bakhsh v. Settlement Commissioner, Rawalpindi and others PLD1970 S C l fol. ORDER SHAFIUR RAHMAN, J.---This petition for leave to appeal has come up for hearing after notice to the respondents as to why it should not be converted into appeal and allowed for the reason that section 5 of the Limitation Act has been made applicable by the express provision of the law itself to reviews. 2. The petitioners tiled three applications before the High Court; the first was an application under section 5 of the Limitation Act for condonation of delay in presenting the Review Application, the second was an application for review of an Order earlier passed and the third application was under Order 41, Rule 5, C.P.C. for stay of the…

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