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Civil Procedure Code, 1908 (V of 1908)-- ----O.XXII, R. 3 & S. 115--Limitation Act, (IX of 1908), S. 5--Seeking for--Declaration and cancellation of gift--Question of--Filing of amended plaint--Dismissed by Courts below--Civil revision--Without jurisdiction--Sufficient cause for condonation of delay--Plain reading of records--First instance was lunatic and in second was dead--Trial Court to bring on record the LRs when the list had been filed--Neither the parties nor the Civil Judge was present while only counsel for defendant was present--Plea was taken by petitioner that she was not aware of the passing of such order by civil judge and acquired knowledge at a later point of time, is absolutely plausible--Even otherwise, suit was dismissed by the Court below itself constitute a sufficient cause for condonation of delay--Held: Impugned orders and decrees attract mischief of Section 115 CPC--Petition allowed. [P. 939] A & B Judgment On 4.9.1994, Mst. Wazir Begum, predecessor in interest of the petitioner and Respondents No. 2 to 5 (hereinafter to be referred to as plaintiff), filed a suit against the Respondent No. l seeking declaration and cancellation of a gift purported to have been made by her in favour of Respondent No. 1 qua 1/2 share of the suit house. Respondent No. 1 was served. She filed written statement. Issues were framed on 16.5.1996. Evidence of three witnesses was recorded. On 5.10.1998, it was reported that the plaintiff has lost balance of mind and proceedings are being filed before the learned District Judge. On 25.11.1998, on the request of both the parties, the proceedings were adjourned sine die till such time that the proceedings before the learned District Judge are concluded. On 29.01.2001, the plaintiff through her guardian. Qamar Riaz, filed an application, informing that learned District Judge has appointed Qamar Riaz as guardian of Mst. Wazir Begum vide order dated 10.6.2000. The files were requisitioned and proceedings were commenced. It appears that the examination in chief of the witnesses, produced by the plaintiff, had been recorded and the case was being adjourned for recording cross-examination by the Respondent No. 1.…

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