ADEEL KHALEEL vs SHAHID HASSAN Ss — 2025 CLC 1599 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 CLC 1599 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: CLC
Parties: ADEEL KHALEEL vs SHAHID HASSAN Ss
Subject matter: Criminal
Provisions referred to: S. 35; Law Reforms Ordinance; Civil Procedure Code (Amendment)

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

ADEEL KHALEEL VS SHAHID HASSAN Ss. 115(1) 'second proviso' & 115(2)---Revisional jurisdiction of the High Court, invoking of---Limitation---As regards the proposition that revision application even though filed after the period of ninety days can be entertained, if the court is satisfied that sufficient reason has been assigned for the delay and it can condone the same, to this effect the revisional powers were conferred upon the High Court for the first time by virtue of S. 35 of the Act No. XXIII of 1861 and through the Law Reforms Ordinance, 1972---Section 115, C.P.C. as it then was, has been re- numbered as subsection (1), and subsections (2), (3) & (4) were added---Second proviso to subsection (1) was added through the Civil Procedure Code (Amendment) Act, 1992 where-under it was made obligatory that a revision application shall be made within ninety days of the decision of the subordinate court which shall provide a copy of such decision within three days thereof and the High Court shall dispose of such application within six months---Mere limitation would not come in the way of revisional court to exercise its jurisdiction where it appears from the record that the proceedings brought before it are tainted with such patent illegalities or material irregularities defeating the ends of justice but at the same time limitation cannot be considered merely a formality---The prime object of law of limitation is to help the vigilant and not the indolent---A court cannot come to the rescue of a litigant who has gone into deep slumber and becomes forgetful of his right.

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