| Case ID |
2526467e-31b9-4b92-a3a0-e5223734bdf3 |
| Body |
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| Case Number |
Review Application No. 41-C in Civil Revision No. |
| Decision Date |
Oct 27, 2003 |
| Hearing Date |
Oct 27, 2003 |
| Decision |
The Lahore High Court dismissed the review application as barred by limitation, concluding that the delay in filing the review petition could not be condoned. The petitioners had sought to exclude the time spent obtaining certified copies of the judgment under review, but the court ruled that such copies were not necessary for filing the review application. The court emphasized that the petitioners' reliance on certified copies obtained for Supreme Court use did not justify the delay, affirming that the review application was filed 20 days late. Additionally, the court found that the grounds for annulment of the appellate court's judgment were not maintainable under section 12(2) of the Civil Procedure Code. Consequently, both the review application and the related petition were dismissed as barred by limitation, leaving the parties to bear their own costs. |
| Summary |
This case revolves around the dismissal of a review application filed by Muhammad Abdul Haq and others against M. Suleman Khan in the Lahore High Court. The main legal issues centered on the limitations set by the Civil Procedure Code and the Limitation Act regarding the filing of review petitions. The court ruled that the petitioners failed to meet the necessary deadlines and could not justify the delay in filing their application. The judges emphasized that obtaining certified copies for a different purpose does not excuse late filing. The ruling reinforces the importance of adhering to procedural timelines in legal proceedings, a key aspect of civil law that helps maintain judicial efficiency and fairness. This case underlines the complexities involved in civil procedures and the critical nature of timely legal action, making it a significant reference point for future cases regarding limitations and review applications. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
M. Javed Butter,
Muhammad Muzammal Khan
|
| Lawyers |
Rana Muhammad Sarwar,
Ghulam Muhammad Mehr
|
| Petitioners |
4 others,
Muhammad Abdul Haq
|
| Respondents |
M. Suleman Khan
|
| Citations |
2004 SLD 2560,
2004 PLD 91
|
| Other Citations |
Ahmad Din v. Mst. Syran Bi and others 1980 SCMR 959,
A. Ghafoor v. Mst. Amina Fatima 1985 CLC 1801,
Ali Muhammad Brohi v. Haji Muhammad Hashim PLD 1983 Kar. 527,
Ghulam Sarwar v. Muhammad Hussain and others 1987 SCMR 1440,
Mrs. Amino Bibi through General Attorney v. Nasrullah and others 2000 SCMR 296,
Muhammad Iqbal and another v. Muhammad Alamgir and others 1990 SCMR 1377
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act (IX of 1908),
Constitution of Pakistan (1973)
|
| Sections |
114,
O.XLVII, R.1,
12,
5,
12,
173,
185(3)
|