| Case ID |
224c6ced-fcdc-4618-b76a-86e139ba4870 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.1362-L of 19 |
| Decision Date |
Mar 29, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the decision of the Lahore High Court, which had dismissed the petitioners' revision as hopelessly time-barred. The Court found that the petitioners had failed to provide a reasonable explanation for the delay in refiling their revision petition, which had been kept for nearly two years before being refiled. The conduct of the petitioners was deemed contumacious, and the High Court's exercise of discretion in denying relief was upheld. The Court emphasized that while the revisional jurisdiction is discretionary, it should not be exercised in favor of a petitioner who approaches the court without reasonable cause or after undue delay. |
| Summary |
This case discusses the principles governing the revisional jurisdiction of the High Court under Section 115 of the Civil Procedure Code. The Supreme Court of Pakistan addressed the issue of delay in filing a revision petition and the circumstances under which the High Court may decline to grant relief. The petitioners had challenged the dismissal of their revision by the Lahore High Court, which deemed it time-barred due to significant delays and lack of plausible justification. The judgment highlights the importance of timely actions in legal proceedings and reinforces the discretionary nature of revisional powers, emphasizing that rights to revision are not privileges and should be exercised judiciously. Key keywords for SEO include 'revisional jurisdiction', 'Civil Procedure Code', 'Supreme Court decisions', and 'legal representation'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAAD SAOOD,
JAN,
AJMAL MIAN,
MAMOON KAZI
|
| Lawyers |
S.M. Tayyab,
Ch. Mehdi Khan Mehtab,
Sh. Masud Akhtar
|
| Petitioners |
others,
ABID HUSSAIN
|
| Respondents |
others,
AZIZ FATIMA
|
| Citations |
1995 SLD 753,
1995 PLD 399
|
| Other Citations |
PLD 1W7 SC 139,
1991 SCMR 496,
PLD 1975 SC 678
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
115,
185(3)
|