| Case ID |
2cd4dcb7-605a-4f9e-8e43-81177278ea21 |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No. 111 of 2009 |
| Decision Date |
Nov 18, 2013 |
| Hearing Date |
Nov 18, 2013 |
| Decision |
The Sindh High Court dismissed the civil revision application filed under section 115 of the Civil Procedure Code, ruling that the application was time-barred by one month. The court emphasized that the delay was due to the negligence of the applicants, who failed to pursue their case with due diligence. The court reiterated that the Limitation Act does not provide relief for parties who do not act promptly, regardless of their status as a government entity. The court found that the applicants could not invoke section 5 of the Limitation Act to condone the delay, as the relevant statute already prescribed a specific limitation period for filing revision petitions. |
| Summary |
This case involves a civil revision application filed by WAPDA against the judgment and decree of a lower court, which had ruled in favor of Bhajan Das Tejwani. The core issue was the delay in filing the revision petition, which the court found to be time-barred by one month. The applicants argued that their delay was due to a shortage of funds and late supply of court fee papers. However, the court held that negligence in pursuing the case disqualified them from receiving any indulgence. The ruling emphasized the principle that 'equity aids the vigilant, not the indolent,' and maintained that government entities are not exempt from standard legal obligations. The court cited various precedents to support its decision, underscoring the importance of adhering to procedural timelines in legal proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Zafar Ahmed Rajput
|
| Lawyers |
Manoj Kumar Tejwani
|
| Petitioners |
WAPDA THROUGH CHAIRMAN WAPDA AND 3 OTHERS
|
| Respondents |
Bhajan Das Tejwani
|
| Citations |
2014 SLD 820,
2014 MLD 1765
|
| Other Citations |
Allah Dino and others v. Muhammad Shah and others 2001 SCMR 286,
City District Government Lahore, through District Coordination Officer, Lahore v. Mian Muhammad Saeed Amin 2006 SCMR 676,
Hafeez Ahmed and others v. Civil Judge, Lahore and others PLD 2012 SC 400,
State Bank of Pakistan through Governor and another v. Imtiaz Ali Khan and others 2012 SCMR 280 = 2012 PLC (C.S.) 218
|
| Laws Involved |
Limitation Act, 1908,
Civil Procedure Code (V of 1908)
|
| Sections |
5,
29,
115
|