Law: Civil Procedure Code (V of 1908)

Section: 115

Law:

Section: 273

Law: Specific Relief Act, 1877

Section: 42

(a) Limitation--- ---- Delay, condonation of---In order to get the delay condoned, delay of each day has to be explained. Federation of Pakistan v. Jamaluddin 1996 SCMR 727 and Income Tax Officer v. Messrs Sh. Miran Bakhsh Ltd. and 25 others 1986 SCMR 1255 ref. (b) Limitation--- ---- Delay, condonation of---Government could not be given preferential treatment and was to be treated at par with common litigants. Pakistan through Secretary, Ministry of Defence v. Messrs Azhar Brothers Limited 1990 SCMR 1059 ref. (c) Civil Procedure Code (V of 1908)--- ----S. 115---Specific Relief Act (I of 1877), S.42 --- Cantonments Act (II of 1924), S.273---Suit for declaration---Maintainability---Revision---Suit having concurrently been decreed by Trial Court as well as by Appellate Court, defendants filed revision against concurrent s and decrees of Courts below in which maintainability of suit was challenged on the ground that plaintiff had failed to serve notice under S.273 of Cantonments Act, 1924 on defendant-Authorities before filing the suit--­Said specific objection with regard to non-issuance of notice neither was taken by defendant-Authorities in written statement before Trial Court nor in memo. of appeal before Appellate Court or even in grounds of revision filed by defendants in the revision against concurrent s and decrees of Courts below---Said objection could not be raised at belated stage in revision. (d) Civil Procedure Code (V of 1908)--- ----S.115---Specific Relief Act (I of 1877), S.42---Suit for declaration--­Revisional jurisdiction, exercise of---Court below after properly appreciating evidence available on record had concurrently decreed the suit---In absence of any misreading/non-reading of evidence on record by Courts below, their concurrent and decrees could not be interfered with in revision by the High Court when there was no illegality, material irregularity or any jurisdictional error in said and decrees warranting interference. JUDGMENT Syed Qamoos Shah filed suit in the Court of learned Civil Judge, Kohat seeking declaration and perpetual injunction. The said suit was resisted by the petitioners/defendants by filing written statement. The learned…

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