' MIAN SAQIB NISAR, J.---Azam Shah and Sardar Bibi, the predecessor-ininterest of the petitioner, filed a suit for declaration, claiming that. Jannat Bibi widow of Rang Shah, was only a limited owner of the estate left by the deceased Rang Shah under the custom and they as a collaterals are entitled to the balance of the share after giving the inheritance to the widow and Hayat Bibi, the daughter; this suit was dismissed; an appeal was filed, which was withdrawn through the counsel, who had filed the appeal, on 3-12-1989, thereafter, an application under section 12(2), C.P.C. Was moved on 28-5-1997, challenging the withdrawal of the appeal on account of fraud and stating therein that Karam Shah was not the attorney of Azam Shah, because Azam Shah had died on 25- 11-1989 i.e, before the appeal could be withdrawn by the attorney.
2. The respondents resisted the application, inter alia, on the ground of limitation. The applicants examined Ishtiaq Hussain Shah as A.W.1, who in his statement has categorically admitted that they came to know about the withdrawal of the appeal within 1-1/2 or 2 years, which means that the applicants of the application under section 12(2), C.P.C., attained the knowledge of withdrawal of the appeal somewhere in the year 1992, whereas the application under section 12(2), C.P.C. Was filed after a period of more than seven years, from the date of the withdrawal. The maximum period of limitation for such an application by applying the residuary Article 181 of the Limitation Act, is three years. Undoubtedly, the application was barred by time, moreover Gulab Shah, the father of Ishtiaq Shah, the applicant of the application under section 12(2), C.P.C., had never challenged the withdrawal of the appeal, during his life time.
3. In the light of above, I do not find if there is any error in the judgment of the learned Court below on the issue of limitation, therefore, such finding cannot be interfered in the revisional, jurisdiction as neither any misreading or non-reading of the evidence has been pointed out by the petitioner's counsel nor any error of jurisdiction or material irregularity has been established. Dismissed.