Law:

Section:

(i) Limitation Act, 1908 (IX of 1908)-- ----Ss. 5 & 29(2)--Civil Procedure Code, (V of 1908), Ss. 12(2) & 115--Condonation of delay in filing civil revision--Limitation provided under local or special law--Held: Delay in filing the revision petition beyond the period of 90 days prescribed u/S. 115 CPC, cannot be condoned u/S. 5 of the limitation Act, is expressly excluded by S. 29(2) of the Limitation Act. [P. 46] A 2001 SCMR 286; 2004 SCMR 1630; 2006 SCMR 676 and 2004 CLC 1202 rel. (ii) Limitation Act, 1908 (IX of 1908)-- ----Ss. 12(2) & 29(2)--Civil Procedure Code, (V of 1908), Ss. 12(2) & 115--Exclusion of the period consumed for getting the certified copies and other documents would computing the period of 90 days--Held: Legislature, in its wisdom, did not intend to extend benefit of exclusion of the time required for getting the certified copies to the categories of revision petitions, hence, facility could not be extended to the civil revisions by implication the filing of revision petition within the original period of 90 days necessary. [Pp. 47 & 49] D & E PLD 1960 K. 796; 2001 MLD 1546; 2004 MLD 1229 and PLD 2006 Pesh. 156 ref. (iii) Civil Procedure Code, 1908 (V of 1908)-- ----S. 115--Period of 90 day for filing revision petition--Provisional penal in nature--Period of 90 days is mandatory and not directory in nature. [P. 49] F (iv) Equity-- ----Nobody would be wiser than the law and the law givers. [P. 47] B (v) Interpretation of Statute-- ----If the legislature had excluded a particular proceeding from the operation of a particular provision, the same could not be read between the lines, because thereby the clear provisions of law would be violated. [P. 47] C (vi) Administration of Justice-- ----Procedure--Ensure compliance of law--Effectively exercise jurisdiction--Certified copies were not furnished within 90 days--Validity--High Court elaborated that the petitioner would file the revision petition within 90 days by annexing uncertified copies of the available documents and by furnishing affidavits regarding non-supply of certified copies and by annexing the receipt issued by the copying agency--Procedure would ensure the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492