Case Details

Citation(s)
2008 SLG 1718 2008 SLD 1718 2008 SCMR 883
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.278-P of 2007, decision dated: 24-03-2008.(On appeal from the judgment, dated 26-2-2007 passed by Peshawar High Court, Peshawar in Civil Revision No.482 of 2003)
IJAZ-UL-HASSAN KHAN AND EJAZ YOUSAF, JJ
M. Zaman Bhatti, Advocate Supreme Court for Petitioners. Qazi Abdul Basit, Advocate Supreme Court for
Respondent

GOVERNMENT OF N.W.F.P. and others

VS

Qazi MOGHAL BAZ

Law:

Section:

Civil Procedure Code (V of 1908)---O. VII, R. 2---Constitution of Pakistan (1973), Art.185(3)---Suit for recovery of amount---Delay in filing revision before High Court, had not been satisfactorily explained and thus, revision was dismissed as time-barred for reasons not open to legitimate exception---Reasons given in the application, hardly provided any sound ground for condonation of delay. JUDGMENT IJAZ-UL-HASSAN KHAN, J.--- Government of N.-W.F.P. through Secretary, P.W.D. (B&R), Peshawar, and others, petitioners seek leave to appeal against the judgment, dated 26-2-2007 passed by learned Peshawar High Court, Peshawar dismissing Civil Revision No.482 of 2003 as time-barred. 2. Plaintiff/respondent Qazi Mughal Baz instituted suit for recovery of Rs.2,08,000 along with interest since 1-7-1976 till the date of the actual payment and escalation amount. The suit was resisted and claim of plaintiff/respondent was denied. After framing issues and recording the evidence of the parties, learned trial Court dismissed suit vide judgment and decree, dated 28-11-1991. An appeal was preferred thereagainst which was allowed by learned Additional District Judge, Peshawar vide judgment, dated 31-7-2002. The civil revision filed against said judgment was dismissed by learned High Court through the judgment impugned herein, as stated and…
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