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1999 CLC 362

AJBAR KHAN And Others vs SAID HAKIM KHAN And OTHER

Citation1999 CLC 362
CourtPeshawar High Court
Case No.Civil Revision No.71 of 1997
Date1998-09-15
Judge(s)Jawaid Nawaz Khan Gandapur
ResultPetition dismissed

This revision petition has been directed against the judgment/decree, dated 17-7-1996 of the Additional District Judge/Izafi Zaila Qazi (Mr. Shah Jehan Khan) Sumar Bagh, District Dir.

2. Mr. Abdul Latif Khan Afridi, Advocate learned counsel for the petitioners and Mr. Fateh Muhammad Khan, Advocate learned counsel for the respondents present and heard. Record of the case perused very carefully.

3. There is no need to give the brief history of the case because a perusal of the impugned judgment/decree would show that it is a consent decree and, therefore, the petitioners/defendants have no right, whatsoever, to institute this revision petition under the law.

4. Secondly, this revision petition is barred by time. The judgment/decree impugned was recorded on 17-7-1996 whereas the present revision petition was filed on 18-2-1997, far beyond the period of limitation i.e. 90 days.

5. Thirdly, the petitioners have not come to the Court with clean hands. They have tried to mislead the Court by tampering with the "dates" given on the certified copy of the impugned judgment so as to bring it "within time".Fortunately, the overwriting is so obvious that it could not escape the notice of the Court or be overlooked. In fact, this fact was also pointed out by the office as is clear from the office note dated 22-2-1997.

6. The learned counsel for the petitioners has been advised to direct his clients to refrain from such activities in future failing which they might be proceeded against in accordance with law.

7. This revision petition is frivolous and is accordingly dismissed with costs through out.

Cited by 5 cases

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