Law: Limitation Act, 1908

Section: 5,29(2)

Law: Civil Procedure Code (V of 1908)

Section: S.115,O.IX,R.13

Limitation Act (IX of 1908)--- ----S. 5---Civil Procedure Code (V of 1908), S.115---Revision---Delay in filing---Benefit of S.5 of Limitation Act, 1908---Scope---Civil revision was barred with delay of nine days---Where the law under which proceedings had been launched had itself prescribed a period of limitation, as under S.115, C.P.C, then the benefit of S.5 of the Limitation Act, 1908 could not be availed unless the same had been made applicable---Delay caused in filing the civil revision at belated stage could not be condoned. Muhammad Siddique and others v. Muhammad Bux and others 2003 MLD 542 and Muhammad Iqbal Khan v. Mukhtar Ahmad Khan 2000 CLC 1643 ref. Allah Dino and another v. Muhammad Shah and others 2001 SCMR 286; Abdul Qadir and 5 others v. Mst. Samina Zafar Khan and 32 others 2008 YLR 550; Majeed Ahmed Khan v. Addl. District Jude, Faisalabad and others 2009 YLR 1729; Aziz Ullah Khan and others v. Gul Muhammad Khan 2000 SCMR 1647, Altaf Hussain v. Abdul Hameed and Abdul Majeed through legal heirs and another 2000 SCMR 314, Abdul Rahim and another v. Mst. Jantay Bibi and others 2000 SCMR 346, Anwar Zaman and 5 others v. Bahadur Sher and others 2000 SCMR 431, and Haji Noor Muhammad v. Abdul Ghani and 2 others 2000 SCMR 329 rel. THIS ORDER PASSED BY: IQBAL HAMEEDUR REHMAN, J.--- Through the instant revision petition the petitioners seek setting aside of the impugned judgment and decree dated 11-10-2008 passed by the learned Civil Judge, Chiniot and judgment and decree dated 25-6-2009 passed by the learned Addl. District Judge, Chiniot. 2. The brief facts of the case as stated by the petitioners are that petitioner No.1 filed a suit for recovery of maintenance allowance against respondent No.1 before the Judge Family Court, Sadiqabad. Respondent/defendant No.1 in response to the suit of petitioner No.1 filed a suit for restitution of conjugal rights against petitioner No.1 before the Judge Family Court, Chiniot. Petitioner No.1 filed a transfer application (T.A. No.140-C of 2008) before this Court for transfer of suit for restitution of conjugal rights and Guardian Petition filed by respondent No.1, which was allowed and the suit of respondent No.1…

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