| Case ID |
2ab9c075-8bfc-480e-bd22-87ceeaac0b9d |
| Body |
View case body. Login to View |
| Case Number |
Petition No. 181 of 1952 |
| Decision Date |
Nov 03, 1953 |
| Hearing Date |
|
| Decision |
The petition for revision under section 115, C.P.C. was dismissed as the Senior Civil Judge had no jurisdiction to extend the time for payment of pre-emption money as per sections 148 and 151 of the C.P.C. The court held that the relief sought could not be granted according to law, as the petitioner himself conceded that the court lacked jurisdiction to grant the requested relief. The judgment clarified that section 151 does not confer powers but allows for orders necessary for justice, and since the relief sought was explicitly denied by law, the petition was dismissed with costs. |
| Summary |
This case revolves around a petition for revision of a prior order dismissing an application for the extension of time to pay pre-emption money. The Lahore High Court, presided by Justice Muhammad Jan, concluded that neither Section 148 nor Section 151 of the Civil Procedure Code (C.P.C.) could be invoked to grant an extension for the payment of pre-emption money. The court emphasized that the jurisdiction to alter a decree is limited and cannot be exercised when there is an explicit provision that denies such a claim. The petitioner's argument hinged on the need for condonation of delay due to circumstances beyond his control, but the court maintained that this request effectively amounted to an extension of time, which it could not grant. The case highlights the limitations of judicial discretion in the context of statutory provisions governing civil procedure, reinforcing the principle that express statutory provisions must be adhered to. The decision serves as a crucial reference for similar future cases involving the interpretation of time extensions and the inherent powers of courts under the Civil Procedure Code. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD JAN, J
|
| Lawyers |
Sh. Qumar Din,
Muhammad Iqbal Khan
|
| Petitioners |
MARDAN SHAH
|
| Respondents |
SATTARA and others
|
| Citations |
1954 SLD 113,
1954 PLD 87
|
| Other Citations |
Himmun v. Fauja A I R 1921 Lah. 6
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
148,
151
|