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PLD 2006 Supreme Court 512

MUHAMMAD YOUSAF and otherss vs Mst. NAJMA BIBI and others

CitationPLD 2006 Supreme Court 512
CourtSupreme Court of Pakistan
Case No.Civil Petition Nos.83, 84 and 1499 of 2005
Date2006-03-29
Judge(s)Javaid Iqbal, Syed Jamshed Ali, Muhammad Nawaz Abbasi
ResultOrder accordingly

1. ' JAVED IQBAL; J.---Heard Malik Rab Nawaz Noon, learned Senior Advocate Supreme 'Court on behalf of petitioners and Mr.Mahmood Khan, learned Advocate Supreme Court for the respondents.

2. In the above captioned petitions a similar question of law is involved. After having scanned the entire record and perused the judgments impugned with care and caution we are inclined to grant leave, inter alias on the following points:--

(i) Whether the provisions as contained in Article 181 of the Limitation Act, 1908 can be made applicable in case of an application moved for restoration of a civil revision petition which was dismissed in default as no specific period of limitation has been provided in the Schedule or in section 48 of C.P.C.?

(ii) Whether no remedy whatsoever is available against dismissal of a civil revision petition for non- prosecution and in such an eventuality can the Court invoke its inherent powers as conferred upon it under section 151, C.P.C.?

(iii) Whether omission of the case from the cause list circulated by the registry of the High Court does constitute sufficient cause for restoration of the civil revision petition?

(iv) Whether the divergence of opinion qua application of Article 181 of the Limitation Act, 1908 in case Allah Bachai v. Fida Hussain 2004 SCM R 615, Muhammad Sadiq v. Bashiran PLD 2000 SC 820 have not created an anomalous situation justifying an authoritative judgment?

3. ' The above captioned petitions which are converted into appeal be clubbed together and fixed at some early date in view of the significant and important questions involved therein.

Cited by 6 cases

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