Law:

Section:

Civil Procedure Code (V of 1908)-------S. 115---Specific Relief Act (I of 1877), S.12---Revision, limitation for---Suit for specific performance filed by petitioner having concurrently been dismissed by Trial Court and Appellate Court---Petitioner had assailed such s in revision---Revision which was to be filed within a period of 90 days, having been filed about 27 days after the prescribed period was barred by time and was liable to be dismissed on that ground when no justification was brought forth by the petitioner explaining such delay---Adjudication was to be made on merits as far as possible but with expiry of period of limitation valuable rights would come to accrue in favour of other side which could not be trampled upon or rendered nugatory, for no just cause---Revision was dismissed as time-barred. Haji M. Ilyas and 2 others v. Mir Habib Jan 1997 MLD 551; Nasir-ud-Din v. Muhammad Bashir and another 1999 MLD 2999; Ajbar Khan and others v. Said Hakim Khan and others 1999 CLC 362 and Allah Yar and another v. Faiz Ahmad and 5 others 1999 CLC 713 ref. Tipu Sultan for Petitioner. Munawwar-ul-Islam for Respondents Nos.2 and 3. Date of hearing: 6th May, 2003. JUDGMENT A suit for specific performance instituted by the petitioner was dismissed by the learned Civil Judge, Sialkot vide judgment and decree dated 18-7-1989 where-against the appeal preferred by the petitioner was dismissed by the learned Additional District Judge, Sialkot on 9-5-1993. These judgments are sought to be assailed through this revision petition. 2. The learned counsel for the respondents has raised a preliminary objection, at the very outset of the hearing of this petition, that the revision petition is time-barred and is liable to be dismissed for that reason. It is contended that by virtue of proviso added by Act VI of 1992 to section 115, C.P.C. revision petition could be filed within a period of 90 days and since in this case the revision petition was not…

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