Law:

Section:

Civil Procedure Code, 1908 (V of 1908)-- ----O.XVII, R.3--Limitation Act (IX of 1908), S. 5--Condonation of delay Closed of evidence--Bar of--Various opportunities were provided--Parda Nasheen Lady--Justification--Ignorant from law--Plea was not raised at any stage--Application nor urged before the First Appellate Court--Litigant cannot be allowed to raise altogether a new and different plea before the Appellate Revisional Court, which were not urged before the lower forums--Litigant while seeking condonation of delay has to explain each day's delay in filing the lis--`Pardah Nasheen lady was ignorant of law' was not a justification for condonation of delay--Petition dismissed. [P. 807] A & B Judgment The petitioners/plaintiffs instituted the suit for declaration, against Respondents No. 1 to 3, wherein Respondent No. 4 was impleaded as proforma defendant, thereby challenging the validity and legality of mutation of Tamleek No. 25 and 2001 dated 29.9.93 and 6.7.2000, respectively. Respondents No. 1 to 3 resisted the suit through the written statement. The learned trial Court framed the issues and called upon the petitioners to produce evidence, however, they despite providing various opportunities failed to produce evidence, therefore, the learned trial Court, while invoking the provisions of Order XVII Rule 3 CPC, closed their evidence and dismissed the suit vide judgment and decree dated 25.7.2006. The petitioners filed time barred appeal together with an application under Section 5 of the Limitation Act for condonation of delay. The learned Addl. District Judge held that the appeal is barred by time and there is no sufficient cause for condonation of delay dismissed the appeal being barred by time, vide impugned judgment and decree dated 23.11.2006, hence the present revision petition. 2. Learned counsel for the petitioners states that since the matter involved in the suit relates to inheritance and the petitioners were deprived from their respective shares by their real brother, therefore, in these circumstances, there was sufficient cause for condonation of delay and thus the impugned judgment is not sustainable. He has relied upon Mst. Qabal Jan vs.…

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