Law: Limitation Act, 1908

Section: 162,5

(a) Limitation Act (IX of 1908)--- ----Art. 162---Review---Limitation---When a petition is dismissed by the High Court in the exercise of its original jurisdiction, the application for review is governed by the provisions of Art.162 of the Limitation Act, 1908, which provide that a review application can be filed within 20 days from the date of the order or ---Application having been filed beyond the period of limitation, was barred by time. Nigar Bibi v. Salahuddin Khan PLD 1991 SC 197; Hafiz Abdul Khalique v. Government of Sindh PLD 2007 Kar. 374 and Desmond Vas v. K.B.C.A. PLD 2005 Kar. 161 ref. (b) Limitation Act (IX of 1908)--- ----Art. 162 & S.5---Delay in filing review petition---Condonation of delay---Party had neither requested for condonation of delay in filing of review petition nor the Court condoned the delay---Simple permission to file the review petition could not condone the delay---Party having not filed application under S.5 of the Limitation Act, 1908 for the condonation of delay in filing of review petition, it was an error to entertain the review petition by the High Court. JUDGMENT ABDUL HAMEED DOGAR, C.J.---This petition has been filed against the judgment, dated 7-2-2008 passed by learned Division Bench of Peshawar High Court, Peshawar passed in Review Petition No.42 of 2006, filed by respondents Nos.1 and 2 was allowed and re-election was ordered. 2. Briefly stating, facts of the case are that the petitioners along with respondents Nos.1, 2, 8 and 9 contested elections for the seat of Nazim and Naib Nazim of Union Council Darangal whereby the respondents Nos.1 and 2 were declared returned candidates having obtained highest number of votes. However, the election was declared as null and void by the Election Tribunal on the ground that the Deeni Sanad of respondent No.1 was not equivalent to matric certificate and consequently, the petitioners were declared returned candidate on the ground that although the petitioners Nos. 8 and 9 were runners-up but the matric certificate of respondent No.8 was also found fake and bogus. The respondents Nos.1 and 2 challenged the said order through Writ Petition No.2075 of 2005 before the learned…

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