KARAMAT NAZIR BHANDARI, J. Vide judgment dated 12.4.2001, the learned Judge in Chambers of the Lahore High Court allowed Civil Revision No. 1730 of 1984 and after setting aside the judgments and decree of the Courts below the suit of the present petitioners was dismissed. The petitioners had brought a suit claiming invalidity of the gift in favour of the respondents. Petitioners filed an application (C.M. No. 705 C/2001) seeking setting aside/recall of the judgment and decree dated 12.4.2001, on the ground that the same was passed ex parte against the petitioners. This application was taken up for hearing, on 9.1.2002 , and the learned Judge permitted the petitioners, learned counsel to argue on merits of the civil revision. After hearing, the application was dismissed. The petitioners seek leave to appeal against both the decisions i.e. Dated 12.4.2001 allowing the civil revision and dated 9.1.2002 refusing to recall the judgment dated 12.4.2001.
2. This Petition seems to be barred by time as. Against the judgment dated 12.4.2001. When confronted, learned counsel for the petitioners, was unable to give' any reasonable" explanation.
Nevertheless, we heard the learned counsel on merits of the case. According to him, the factum of gift was not established and in any case the gift was incomplete as no possession was delivered to the donees.
3. The High Court has adequately dealt with these points. The factum of gift was supported by the donor in his life-time. The High Court is, therefore, right in concluding that the gift stood established, It has also correctly held that as the donees (minor, children of the donor) were residing in the same house the delivery could only be symbolic and physical delivery, as such was not necessary.
4. We hold that this petition is without merit and dismiss the same. Leave is declined.