Case Details

Citation(s)
2010 SLG 2534 2010 SLD 2534 2010 CLC 951
Lahore High Court

HAFIZ ABDUL REHMAN ANSARI, J
Mian Muhammad Jamal for Petitioner. Muhammad Ashraf Qureshi for
Respondent.

ALLAH BAKHSH

VS

ALLAH BAKHSH

Law:

Section:

Civil Procedure Code (V of 1908)--- ----S.115---Limitation Act (IX of 1908), Ss. 4, 5, 9, 18, 22 & 29 (2)---Revision---Condonation of delay---Revision was filed with a delay of more than 16 months---Contention of respondents was that delay in filing of revision could not be condoned---Validity---Period of limitation for filing of revision had been prescribed by S.115 C.P.C. itself which was a special enactment---Provisions of S.29(2) of Limitation Act, 1908, envisaged that where period of limitation was differently provided by any special / local law or enactment provisions contained in Ss. 4, 9, 18 and 22 of Limitation Act, 1908, would apply and remaining provisions of that Act would not be applicable where limitation was provided by special enactment other than Limitation Act, 1908---High Court declined to condone the delay caused in filing of revision application---Revision was dismissed in circumstances. Shujat Hussain v. Muhammad Habib and another 2003 SCMR 170; Allah Ditta and another v. Muhammad Shah and others 2001 SCMR 286; 2006 SCMR 676; Haji Ahmad v. Noor Muhammad 2004 SCMR 1630; Pakistan Telecommunication Mobile Limited v. Furqan Hiyat Khan 2008 CLC 628 and Hafeez Ahmad v. Civil Judge, Lahore and others 2008 SCMR 107 fol. ORDER HAFIZ ABDUL REHMAN ANSARI, J.---Through this civil revision, the petitioner Allah Bukhsh son of Nabi Bakhsh has assailed the judgments and decrees of two Courts below. First judgment and decree of the learned trial Court passed on 26-1-1988 and second judgment and decree of lower appellate Court dated 10-7-1991. Instant revision was filed on 17-11-1992. First order passed by this Court on 2-12-1992 is as under: "This revision petition, seemingly time barred by over one year, is sought to be considered on merits but learned counsel is not prepared on the question of condonation of delay, whereabout he has filed C.M. No.1/C-92. To enable him to support the submission made therein with reference to precedent-cases, adjournment is made for a fortnight, as prayed." 2. Brief facts of the instant case are that plaintiff Allah Bakhsh was owner of agricultural land measuring 77 Kanals in Khata No.45 in Mauza Panah Kharal Tehsil…
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