AMIN-UD-DIN KHAN, J. --- Through this civil revision the petitioner has challenged the judgment and decree dated 16.4.1999 passed by the learned District Judge, Rahim Yar Khan whereby the appeal filed by the petitioner was dismissed against the judgment and decree dated 13.3.1996 passed by the learned Senior Civil Judge, Rahim Yar Khan whereby the suit filed by the respondent was decreed.
2. At the very outset the learned counsel for the respondent raised some preliminary objection that this civil revision has been filed after the prescribed period of limitation. I have noticed that the office raised objections that it is time-barred for four days.
3. I have noticed that instant civil revision is time- barred by four days. I have myself calculated the time excluding the time for getting the certified copies. It is four days barred by time. The petitioner has moved application under Section 5 of the Limitation Act. I have noticed that though Section 5 of the Limitation Act is not applicable to the civil revision but even I have perused the application.
The only explanation given for the cause of delay in the application is that time was consumed in getting sanction from the Government of the Punjab Solicitor's Department. I am afraid that this is not sufficient cause for condonation of delay as repeatedly the august Supreme Court of Pakistan has observed in many cases that Government Officials are expected to be more vigilant in the matters as they are custodian of the rights of the citizen as well the property owned by the Government. As I have observed that Section 5 of the Limitation Act is not applicable but I have viewed that wrong mentioning of the provisions of law cannot limit the jurisdiction of the Court to decide the matter. I have observed that in filing of revision the condonation of delay _ can also be granted under Section 115, CPC. In case in hand no case for condonation has been made out, as each day has to be explained. Even othewise there are concurrent findings of fact recorded by both the Courts below in a declaratory suit wherein some orders of the employees of the petitioner have been challenged. Even the orders have been set aside by the two Courts below. Even it is the petitioner who has to determine the rights of the respondents with regard to suit property.
Civil revision .