ROBINA KAUSAR vs MUHAMMAD LATIF S — 2025 CLC 911 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 CLC 911 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: CLC
Parties: ROBINA KAUSAR vs MUHAMMAD LATIF S
Subject matter: Criminal
Provisions referred to: S. 115---L; Limitation Act (IX of 1908)

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

ROBINA KAUSAR VS MUHAMMAD LATIF S. 115---Limitation Act (IX of 1908), Ss. 5 & First Sched., Art. 162-A---Civil revision, filing of---Limitation---Delay---Defects in pleadings---Office objection---Non-removal of objections within limitation period---Extension in time for removal---Exclusion of time consumed---Scope---Objection was raised by mortgagee as to maintainability of civil revision on the point of limitation---Validity---Party is bound to remove objection within time prescribed by the office, but no penal action can be taken against it without issuing notice to it or before establishing that the party concerned failed to do the needful despite being put to notice---No notice was issued to the mortgagor asking her to remove the office objection within specified period and when the application of the mortgagor seeking extension of time to remove the office objection was accepted and she removed the office objection, it did not lay in the mouth of the mortgagee to raise objection against the maintainability of civil revision on the point of limitation---Irrespective of the fact as to whether any application for condonation of delay had been filed or not, High Court, while deciding a revision petition, has to see validity of the decisions impugned before it and if the same are found to be untenable the question of limitation assumes secondary status, thus, the objection raised by the mortgagee qua maintainability of civil revision on the point of limitation was spurned.

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