Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Limitation Act, 1908

Section: 5,12(2),29(2)

(a) Civil Procedure Code (V of 1908)-------S. 115 [as amended by Civil Procedure Code (Amendment) Act (III of 1992)]---Limitation Act (IX of 1908), S.12(2)---Revision petition---Exclusion of time spent in obtaining copy of impugned ---Scope---Legislature while enacting Limitation Act, 1908 had rightly omitted word "revision" from S.12(2) thereof as no limitation therefor was provided then---Legislature while providing limitation of 90 days through Civil Procedure Code (Amendment) Act, 1992 had not taken notice to amend corresponding S.12(2) of Limitation Act, 1908 and include therein word "revision" also---Time spent in obtaining copy of impugned should be excluded while computing period of limitation for filing a revision petition---Principles. (b) Civil Procedure Code (V of 1908)-------S. 115---Limitation Act (IX of 1908), Ss. 5 & 29(2)---Revision petition, filing of, delay in, condonation of---Scope---Such delay could not be condoned under S.5 of Limitation Act, 1908. Allah Dino's case 2001 SCMR 286; Muhammad Mian's case 1995 SCMR 69 and Government of N.-W.F.P.'s case 1994 SCMR 833 rel. (c) Civil Procedure Code (V of 1908)-------S. 115--Revision---Limitation of 90 days fixed in second proviso to S.115, C.P.C. for filing a revision---Applicability---Such limitation restricted a party to proceedings, but not court while exercising power under S.115(1), C.P.C.---Court could consider revision petition as a mere information and avoid such limitation by taking suo motu action under S.115(1), C.P.C., provided merits of case demanded setting aside of impugned order---Principles. Riaz Hussain's case 2003 SCMR 181 rel. THE JUDGMENT DELIVERED BY: SARDAR MUHAMMAD RAZA KHAN, J.---Province of Punjab, with leave of the Court, has filed this appeal against the judgment dated 29-11-2002, passed by a learned Judge in chambers of Lahore High Court, whereby, a Civil Revision filed by the Government of Punjab was dismissed on the grounds; Firstly, that the Revision before the High Court was barred by 35 days; secondly, that as the period of limitation of 90 days was specifically mentioned in the Code itself, section 5 of the Limitation Act, concerning the condonation of…

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