| Citation(s) |
|---|
| 2005 SLG 1156 2005 SLD 1156 2005 CLC 307 |
Lahore High Court
C. R. No. 412-D of 2004, decision dated: 11-10-2004.
SH. HAKIM ALI, J
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C. R. No. 412-D of 2004, decision dated: 11-10-2004.
SH. HAKIM ALI, J
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GULZAR AHMAD through L.Rs.s
VS
MASJID FAROOQIA, KHANGARH TOWN, through Muhammad Rafiq, Khatib Masjid
Law:
Section:
Civil Procedure Code (V of 1908)---------S. 115---Limitation Act (IX of 1908), S.5---Specific Relief Act (I of 1877), S.42---Revision---Limitation---Condonation of delay---Suit for declaration was concurrently dismissed---Revision was filed after a delay of about two years and eight months---Application for condonation of delay was filed without the averment that copying agency had not informed the petitioner and copies were obtained on 1-1-2004---Validity---Delay of two years and eight months showed the indifferent attitude of the petitioner who had not cared to approach the Copying Agency for such a long period--Slackness of petitioners did not entitle them to any concession in the form of condonation of delay to be extended to them in the period of limitation---Civil Revision was dismissed in limine in circumstances. Ch. Muhammad Ashraf Kamboh for Petitioners. ORDER Gulzar Ahmad had filed a suit to seek declaration regarding his alleged ownership and possession, with regard to the lands mentioned in the head note of the plaint, by praying that Mutation No.881 sanctioned A on 10-9-1960 be declared fake, fictitious, the result of conspiracy and ineffective upon the rights of the petitioners. The suit was contested by filing the written statement from the defendant. Issues were framed and parties had produced their evidence. Learned Civil Judge dismissed the suit on 4-10-2000 after perusal of evidence and hearing of the arguments. Aggrieved from that judgment, the legal representatives of Gulzar Ahmad, deceased/plaintiff, had filed an appeal before the learned District Judge which was entrusted to the learned Additional District Judge who initially entertained it but after hearing the parties the appeal was dismissed by the aforesaid learned Additional District Judge, Muzaffargarh on 2-5-2001. Hence, this civil revision. 2. The impugned judgment and decree in the instant case was passed by learned Additional District Judge on 2-5-2001, whereas this civil revision has been filed on 6-1-2004 after an inordinate delay of about two years and eight months. To get the condonation of delay, an application bearing C.M. No.2 of 2004 has also been filed by the…
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