Case Details

Citation(s)
2008 SLG 843 2008 SLD 843 2008 CLC 1466
Lahore High Court
Civil Revision No.1481 of 2005, decision dated: 20-05-2008
KHALIL AHMAD, J

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MUHAMMAD ASHRAF and 7 otherss

VS

MUHAMMAD WARIS and 2 others

Law: Limitation Act, 1908

Section: 5

Law: Limitation Act, 1908

Section: 5

Civil Procedure Code (V of 1908)-------S. 115---Limitation Act (IX of 1908), S.5---Specific Relief Act (I of 1877), S.12---Suit-for specific performance of agreement---Revision petition---Limitation---Suit for specific performance of agreement filed by the plaintiffs, was decreed by the Trial Court and appeal filed by defendants against the same having been dismissed by the Appellate Court defendants had filed revision against said concurrent and decree of the courts below---Revision against impugned and decree of the Appellate Court below filed after one year of said and decree, was patently time barred and counsel for defendants had failed to explain said inordinate delay in filing revision within 90 days---Section 5 of Limitation Act, 1908, being not applicable in revision, delay could not be condoned---Counsel for defendants being unable to point out any illegality, irregularity, misreading and non-reading of record warranting interference of High Court in its revisional jurisdiction, concurrent findings of fact could not be interfered with by the High Court. 1975 SCMR 304; 2006 SCMR 676; 2001 SCMR 286 and 2002 MLD 1531 rel. C.M. Sarwar for Petitioners. Syed Kaleem Ahmad Khurshid for Respondents. ORDER KHALIL AHMAD, J.--- Respondents Nos.1 to 3 filed suit for specific performance on 3-7-1988 of an agreement dated 8-9-1987 regarding land measuring 3 Kanals, 15 Marlas out of total area of 11 Kanals, 15 Marlas bearing Khata No.127/213, 215, Khasra Nos.162, 309, 310, 450 situated at village Hameedpur, Tehsil Pasrur District Sialkot. The suit was contested by the petitioners. 2. The learned trial Court after recording evidence of both the parties decreed the suit of the respondents vide judgment and…
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