Law:

Section:

Civil Procedure Code (V of 1908)------O. VIII, R.10, O. XLIII, R.I & 5.115---Constitution of Pakistan (1973), Art.199--- Delay in filing appeal---Application for condonation of delay---Appeal was filed by petitioners against order of Trial Court closing right their to file written statement as petitioners despite repeated opportunities, had failed to present their defence through filing of written statement---Trial Court did not pronounce any in terms of R.10 of Order VIII, C.P.C., but passed an order of adjournment of suit after closing petitioners right to file written statement---Appeal filed by petitioners against order of Trial Court, was dismissed by Appellate Court being barred by time and it refused to exercise its discretion to condone delay in view of defaulting conduct of petitioners---Revision had been filed by petitioner against order dismissing their appeal passed by Appellate Court---No having been pronounced by Trial Court under R.10 of O.VIII, C.P.C., appeal filed by petitioners was not allowable by law---Even if appeal could have been treated as a civil revision, petitioners would be barred to file a second revision before High Court---Petitioners having filed an incompetent appeal and then a revision, circumstances of the case did not justify conversion of revision into a constitutional petition under Art.199 of the Constitution, as prayed by petitioners. Ch. Shahid Tabassaum for Petitioners. Nemo for Respondent. Date of hearing: 17th January, 2006. JUDGMENT MUHAMMAD SAIR ALI, J.--- This civil revision is directed against the dismissal of appeal through order, dated 20-2-2003 passed by the learned Additional District Judge, Lahore whereby refusing condonation of delay of over two years, the learned first appellate Court dismissed the application for condonation of delay as well as the appeal. 2. The appeal was filed by the present petitioners against order, dated 3-6-2000 of the learned trial Judge closing the right of the petitioners to file the written statement as the petitioners despite repeated opportunities had failed to present their defence through filing of written statement. 3. Notably the learned trial Judge did not pronounce…

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