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PROVINCE OF SINDH vs RAHIM BUX S — 2022 CLC 2063 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 CLC 2063 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
CLC
Parties
PROVINCE OF SINDH vs RAHIM BUX S
Subject matter
Civil
Provisions referred to
S. 115---C; S. 115

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

PROVINCE OF SINDH VS RAHIM BUX S.115---Civil revision---Limitation---Scope---Government departments are not to be treated any different as against a private litigant in the matter of limitation---Ordinarily, in matters wherein, any case is time barred the Courts have always followed a strict view, whereas, delay of each day has to be explained for seeking condonation of delay; but at the same time, when it is a case wherein revisional jurisdiction under S. 115, C.P.C. is being exercised by the High Court, this aspect has to be looked into with a somewhat different view---Such is premised on the fact that the Courts exercising revisional jurisdiction has a vast discretion as compared to any other proceedings coming up before the Court---Consistent view is that the Court is never robbed of its suo motu jurisdiction only for the reason that a revision application requesting invoking of such jurisdiction is filed beyond the period prescribed thereunder---Revisional jurisdiction is corrective and supervisory in nature; hence, no harm would be caused if the Court seized of a revision petition exercises its suo motu jurisdiction to correct the errors of jurisdiction committed by the Courts below---Such fact and the powers of the Courts can be ascertained from the plain language used in S. 115, C.P.C. and the intention of the Legislature, whereas, exercise of this jurisdiction if allowed to go into the spiral of technicalities and restrictions of limitation, the very purpose behind conferring such jurisdiction would be defeated.

Other judgments reported in 2022 CLC

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