| Case ID |
37338763-bd50-42c6-949a-2dbf78ffdaeb |
| Body |
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| Case Number |
Civil Appeal No.2204 of 2006 |
| Decision Date |
Feb 08, 2010 |
| Hearing Date |
Nov 24, 2009 |
| Decision |
The Supreme Court of Pakistan accepted the appeal filed by the Province of Punjab against the Lahore High Court's decision. The High Court had dismissed the Civil Revision on the grounds of limitation. The Supreme Court clarified that the limitation period of 90 days applied only to parties filing the revision, not when the court itself exercised revision powers under Section 115(1) of the Civil Procedure Code. The Court emphasized that the merits of the case should dictate whether to hear the revision, regardless of the limitation for the parties involved. The case was remanded back to the Lahore High Court for a decision on the merits of Civil Revision No.1723 of 2001. |
| Summary |
This case revolves around the interpretation of the limitation period for filing a revision application under the Civil Procedure Code (V of 1908). The Supreme Court of Pakistan ruled that while there exists a limitation period for parties, this does not apply when the High Court takes up a revision on its own accord. The ruling stressed the importance of justice over mere procedural technicalities. The Court noted that the law of limitation should not hinder the pursuit of justice, especially when the merits of the case warrant a review. The decision is significant in clarifying the powers of the High Court in revising lower court decisions and underscores the principle that justice must prevail. This ruling can help legal practitioners and litigants understand the nuances of limitation laws and the powers of the courts, making it a vital reference in civil procedure law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SARDAR MUHAMMAD RAZA KHAN,
NASIR-UL-MULK
|
| Lawyers |
Saeed Yousaf, Additional A.-G. (Punjab),
|
| Petitioners |
PROVINCE OF PUNJAB through Collector, Toba Tek Singh and others
|
| Respondents |
MUHAMMAD FAROOQ and others
|
| Citations |
2012 SLD 1620,
2012 SCMR 1942
|
| Other Citations |
Allah Dino's case 2001 SCMR 286,
Riaz Hussain's case 2003 SCMR 181,
Muhammad Mian's case 1995 SCMR 69,
Government of N.-W.F.P.'s case 1994 SCMR 833
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act (IX of 1908)
|
| Sections |
115,
12(2)
|