Law:

Section:

(a) Civil Procedure Code (V of 1908)------S. 115--Limitation Act (IX of 1908), S.4--Revision before High Court---Expiry of limitation during summer vacations---Impugned was passed on 24-3-1998---Application for certified copies was made on 14-4-1998, which were prepared on 18-5-1998 and delivered on 21-5-1998---Petitioner, after excluding time spent in getting certified copies, could file revision on or before 25-7-1998, but he filed same on 14-9-1998---Validity-According to notification of High Court dated 14-5-1998, summer vacations started from 13th July up to 12th September, but its Registry remained open during vacations for receipt of all kinds of petitions on working days--In spite of closure of High Court for regular work during such vacations, alternate arrangements had been made for receipt of petitions involving question of limitation---High Court during vacations would be deemed to be open for institution of some Hs---Period of limitation, thus, could not be enlarged under cover of S.4 of Limitation Act, 1908---Preparation of memorandum of revision and its tiling on 14-9-1998 showed that petitioner had not made any effort to file same within prescribed time---Revision petition was barred by time. Most Almay v. Hashanah 1989 MLD 3831; Fateh Ali Khan v. Subedar Muhammad Khan 1970 SCMR 238; Lehar Khan v. Moir Hamza and others 1999 SCMR 108; Khushi Muhammad v. Muhammad Sharif and others 1995 MLD 1042 and Rehana Kausar v. Faqir Muhammad and another 2004 CLC 1202 rel. (b) Punjab Pre-emption Act (IX of 1991)- ---S. 30(b)---Pre-emptive suit---Limitation--Sale Mutation, according to plaintiff, was sanctioned on 27-8-1993, but according to defendant on 7-8-1993-Plaintiff produced copy of "Part Potwar" of mutation showing its sanction on 27-8-1993, whereas defendant produced copy of "Part Sarkar" of mutation showing its sanctioning on 7-8-1993---Validity---Copy of "Part Potwar" of mutation without signatures of Revenue Officer would carry no weight---"Rapt Rozenamcha Waqiati" maintained by Patwari showed that on 27-8-1993, no mutation was sanctioned by Revenue Officer---Statement of Revenue Officer about sanctioning of suit mutation on 7-8-1993 could not be…

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