1. As per office note, the above Revision Application is time-barred by 23 days. To this objection, the learned counsel for the applicant has filed his statement dated 20-9-1995, stating therein that this Revision has been filed under section 115, C.P.C., in which no period of limitation is prescribed.
1. However, the Revision has been filed within 90 days.
2. I have heard the learned counsel for the applicant, who contends that there is no period prescribed for a civil revision under section 115, C.P.C., and that it is filed within 90 days, as such it is not time- barred as pointed out by the office in its objection. I afraid, I do not agree with the assertion advanced by the learned counsel saying that no period of limitation is prescribed for filing revision under section 115, C.P.C. On the other hand, proviso (2) to section 115, C.P.C., specifically provides a period of 90 days from the date of decision of subordinate Court as per amendment made by Act VI of 1992. Now the question arises as to whether the above revision is filed within 90 days as prescribed under section 115, C.P.C. Or it is time-barred. In order to ascertain the same, the following dates are very essential to note:--- Judgment deliveredon16-8-1994 Applied for copyon17-8-1994 Decree preparedon1-9-1994 Costs estimatedon19-9-1994 Costs depositedon21-9-1994 Stamps suppliedon25-9-1994 Copy deliveredon19-10-1994 Revision filedon17-1-1995 As such it comes to 94 days while the office has calculated 23 days but, according to my calculation, this revision is barred by 4 days. It is a settled law that for everyday the learned counsel or the party has to account for. Here the learned counsel, on the other hand, has insisted that there is no time limit for a revision under section 115, C.P.C., and, secondly, he has insisted that the Revision is in time as per his statement dated 20-9-1995.
3. I have also gone through the order sheets. This Revision was filed on 17-1-1995, as stated above.
4. Office objection No. 1, wherein the office 'has calculated delay of 23 days and the learned counsel has replied the same by his statement dated 20-9-1995. Throughout the hearing from 4-9-1995 till today though twice the last chance was given on 24-3-1996 and again on 7-4-1996 the learned counsel Mr. Ismail Padhiar has never appeared and has sought adjournment on one pretext or the other.
5. Under these circumstances, I have no option but to agree with the objection raised by the office that this Revision is time-barred. Hence, it is dismissed in limine.
6. 2and3: These are disposed of accordingly, in the light of my observations to the office objection being at Serial No. 1.