| Case ID |
d5bf9b4f-a773-42a0-a74b-42e51c9e18cb |
| Body |
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| Case Number |
Civil Revision No. 2220 of 2009 |
| Decision Date |
Dec 11, 2009 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the civil revision petition filed by the petitioners challenging the judgments and decrees of the lower courts. The court held that the petitioners had failed to explain the delay in filing the revision petition, which was barred by nine days. The court emphasized that the provisions of the Limitation Act, specifically Section 5, were not applicable to the proceedings under Section 115 of the Civil Procedure Code. The court found that the lower courts had correctly interpreted the facts and had dismissed the petitioners' application for setting aside the ex parte judgment and decree based on the merits of the case. The decision reinforced the principle that a party cannot benefit from its own lack of diligence in pursuing legal remedies. |
| Summary |
This case involves a civil revision petition filed by MST. Saima Akhtar Abbasi and others against Malik Muhammad Bilal Ahmed and others at the Lahore High Court. The primary legal issues revolved around the Limitation Act, 1908, and the Civil Procedure Code, 1908. The court dismissed the petition due to a delay in filing, emphasizing the strict adherence to procedural timelines in civil litigation. The ruling clarified that the benefits of Section 5 of the Limitation Act could not be invoked in this context, as the law under which the proceedings were initiated had its own prescribed limitation period. This case highlights the importance of timely action in legal proceedings and serves as a precedent for similar future cases. Key terms include Civil Revision, Limitation Act, Civil Procedure Code, ex parte judgment, and legal representation. This case underscores the need for legal practitioners to be vigilant in managing timelines and understanding procedural intricacies in litigation. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IQBAL HAMEED UR REHMAN
|
| Lawyers |
Sarfraz Ahmad Khan Gondal,
Muhammad Arshad Gondal No.2
|
| Petitioners |
MST. SAIMA AKHTAR ABBASI AND OTHERS
|
| Respondents |
MALIK MUHAMMAD BILAL AHMED AND OTHERS
|
| Citations |
2010 SLD 1637,
2010 YLR 806
|
| Other Citations |
Muhammad Siddique and others v. Muhammad Bux and others 2003 MLD 542,
Muhammad Iqbal Khan v. Mukhtar Ahmad Khan 2000 CLC 1643,
Allah Dino and another v. Muhammad Shah and others 2001 SCMR 286,
Abdul Qadir and 5 others v. Mst. Samina Zafar Khan and 32 others 2008 YLR 550,
Majeed Ahmed Khan v. Addl. District Jude, Faisalabad and others 2009 YLR 1729,
Aziz Ullah Khan and others v. Gul Muhammad Khan 2000 SCMR 1647,
Altaf Hussain v. Abdul Hameed and Abdul Majeed through legal heirs and another 2000 SCMR 314,
Abdul Rahim and another v. Mst. Jantay Bibi and others 2000 SCMR 346,
Anwar Zaman and 5 others v. Bahadur Sher and others 2000 SCMR 431,
Haji Noor Muhammad v. Abdul Ghani and 2 others 2000 SCMR 329
|
| Laws Involved |
Limitation Act, 1908,
Civil Procedure Code (V of 1908)
|
| Sections |
5,
29(2),
115,
O.IX.R.13
|