Sharifan Bibi vs Muhammad Ismail (Deceased) S — 2026 YLR 6 LAHORE-HIGH-COURT-LAHORE

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Sharifan Bibi VS Muhammad Ismail (Deceased) S.115---Limitation Act (IX of 1908), S. 5 & First Sched., Art.162-A---Civil revision---Office objection---Civil revision filed before the High Court was within time but was re-submitted after removing office objection---Civil revision was re-submitted beyond the period allowed by the Office---Limitation---Condonation of delay, seeking of---Sufficient cause---The applicants filed a civil revision challenging a judgment dated 08.05.2025 and obtained a certified copy on 19.05.2025, which was received by them on 17.07.2025---The civil revision was first filed on 08.09.2025, but on 11.09.2025 the office of the Court raised objections and returned the file for removal of those objections---The file was received back by the applicants on 16.09.2025, and the civil revision was ultimately re-filed on 27.09.2025---No explanation was provided for the period between receiving the file with objections and the date of re-filing---Question requiring determination before the High Court was "whether the delay in re-filing the civil revision, after receiving the file back with objections, could be condoned when no explanation was given for the intervening period?"---Held: For the interregnum period no explanation seeking condonation of delay was given, therefore, the delay could not be condoned---Office of the High Court raised certain objections to the civil revision on 11.09.2025 with the stipulation that it was to be re-filed, whereupon, the case file was received by the applicants on 16.09.2025, however, it was re-filed on 27.09.2025, thus, even if it was considered that when the civil revision was filed, it was within time, however, when the office objections were raised and time was given to remove the same, period of limitation started to run against the applicants as and when the file was received by the applicant and since no valid explanation had been given for the interregnum period (when the file was received and re-filed) as it was not the case of the applicants that they were not aware of the office objections or had not received any intimation qua the same, as they received the case file on 16.09.2025, however, they re-filed the same on 27.09.2025, therefore, when the civil revision was re-filed, the period of limitation as contemplated in S.115 C.P.C and Art.162-A of the Limitation Act, 1908 had already elapsed and as no sufficient cause had been given for the interregnum period, hence, the delay in re-filing the civil revision, which was re-filed after the expiry of period of limitation of the civil revision, thus, could not be condoned---Since the application seeking condonation of delay in filing the present revision petition had been dismissed, therefore, present revision petition was also dismissed being barred by time.

Sharifan Bibi vs Muhammad Ismail (Deceased) S — 2026 YLR 6 LAHORE-HIGH-COURT-LAHORE

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