| Case ID |
393244be-db35-4ce8-9ac5-6c9a4729930e |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 1,14/1 of 1 |
| Decision Date |
Jan 10, 1996 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the revision application as time-barred, emphasizing that the applicant failed to provide an adequate explanation for the delay of over two years in filing the revision. The court noted that the judgment sought to be revised was passed on March 28, 1991, and despite obtaining certified copies in April 1991, the revision was not filed until December 21, 1993. The court reiterated the importance of adhering to the ninety-day period for filing revisions and held that the applicant's claims regarding misreading of evidence were unfounded as the concurrent findings of the lower courts were upheld. |
| Summary |
This case revolves around the issue of a revision application filed beyond the stipulated ninety-day period as set forth in the Civil Procedure Code. The applicant, Khadim Hussain, sought to challenge the dismissal of his suit for specific performance against the deceased Abdul Ghafoor, represented by his legal heirs, regarding a sale agreement for a plot in Faisalabad. The Supreme Court of Pakistan held that the revision was time-barred due to the significant delay in filing, emphasizing the necessity for applicants to provide justifiable reasons for such delays. The decision underscores the court's adherence to procedural timelines and the importance of evidence reliability in civil litigation. The ruling serves as a critical reference for future cases concerning revision applications and limitation periods under the Civil Procedure Code, reaffirming judicial consistency in the application of legal standards. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Khadim Hussain,
Abdul Ghafoor,
Mst. Fazlan Bibi
|
| Judges |
Fazal Karim,
Mamoon Kazi
|
| Lawyers |
|
| Petitioners |
,
Khadim Hussain
|
| Respondents |
5 others,
Mst. Fazlan Bibi
|
| Citations |
1996 SLD 1150,
1996 SCMR 437
|
| Other Citations |
1991 CLC 84,
PLD 1964 SC 97,
PLD 1975 SC 678,
PLD 1995 SC 399,
1991 SCMR 496
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877),
Constitution of Pakistan (1973)
|
| Sections |
115,
12,
Art.185(3)
|