Ch. FAYYAZ-UR-REHMAN KHALID vs AMIR JAVED S — 2025 SCMR 2092 SUPREME-COURT

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Ch. FAYYAZ-UR-REHMAN KHALID VS AMIR JAVED S. 115---Limitation Act (IX of 1908), S. 5---Suit dismissed for non-prosecution---Inability to pursue the case proceedings due to being behind bars/in jail---Belated filing of restoration application along with condonation of delay application---Sufficient cause---Revisional court, jurisdiction of---Scope---Suit was restored by Trial Court exercising its discretion---Revisional court as well as High Court held the restoration application to be time-barred---Question requiring determination before the Supreme Court was as to "Whether the revisional court exercising jurisdiction under section 115 C.P.C. could reverse the discretionary findings reached by the Trial Court in exercise of its lawful jurisdiction while condoning the delay in filing of application for restoration of suit?"---Held: In the impugned orders it was found that the restoration application was barred by time, whereas, it was revealed from perusal of the paper-book that the application for condonation of delay under section 5 of the Limitation Act, 1908 was available which escaped the attention of the revisional court---Supreme Court did not agree with the reasoning assigned by the revisional court which was appreciated by the High Court through the impugned order that such grounds as disclosed in the restoration application could have been considered had it been filed within thirty days of order---Had the application been filed within thirty days, the condonation application was not required---Condonation application was filed when statutory period for filing restoration application had lapsed---Such delay was then required to be explained in the condonation application which the petitioner did and the Trial Court was in consonance with the grounds mentioned therein when it accepted the applications both for restoration and condonation---The impugned orders of the High Court and that of the revisional court were set aside and the order of the Trial Court was restored---Petition was converted into an appeal and allowed, in circumstances.

Ch. FAYYAZ-UR-REHMAN KHALID vs AMIR JAVED S — 2025 SCMR 2092 SUPREME-COURT

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