| Case ID |
31b7fc95-9373-4202-b444-2ca36e1036af |
| Body |
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| Case Number |
C.P. No. 3125 of 2020 |
| Decision Date |
Jan 19, 2023 |
| Hearing Date |
Jan 19, 2023 |
| Decision |
The Supreme Court of Pakistan allowed the appeal, setting aside the impugned order of the Lahore High Court which had dismissed the application for restoration of the civil revision on the grounds of limitation. The Court clarified that the applicable period for restoration of a civil revision dismissed in default is three years under Article 181 of the Limitation Act, 1908. The Court expressed concern regarding the disparity in limitation periods for restoration applications of suits, appeals, and civil revisions and indicated that this issue may warrant further examination in the future. |
| Summary |
In the case of Mst. JAMEELA BIBI (DECEASED) through LRs vs. Mst. FATIMA BIBI (DECEASED) through LRs, the Supreme Court of Pakistan addressed a significant question regarding the limitation period for filing an application for restoration of a civil revision dismissed in default. The petitioner sought to restore a civil revision that had been dismissed for non-prosecution. The High Court had previously dismissed the restoration application, citing it was barred by time, incorrectly applying a thirty-day limitation period instead of the three-year period stipulated under Article 181 of the Limitation Act, 1908. The Supreme Court overturned this decision, emphasizing the need for clarity in limitation laws and expressed concern over the inconsistent periods for restoration applications across different legal proceedings. This case highlights the importance of understanding limitation periods in civil law and how they can impact the rights of parties involved in litigation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SYED MANSOOR ALI SHAH,
JAMAL KHAN MANDOKHAIL,
SHAHID WAHEED
|
| Lawyers |
Ch. Amir Hussain, Advocate Supreme Court,
M. Afzal Janjua, Advocate Supreme Court
|
| Petitioners |
Mst. JAMEELA BIBI (DECEASED) through LRs
|
| Respondents |
Mst. FATIMA BIBI (DECEASED) through LRs
|
| Citations |
2023 SLD 556,
2023 SCMR 485
|
| Other Citations |
Ghulam Qadir and others v. Sh. Abdul Wadood and others PLD 2016 SC 712
|
| Laws Involved |
Limitation Act, 1908,
Civil Procedure Code (V of 1908)
|
| Sections |
181,
115
|