ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Civil Revision.Appln. No.S-61 of 2018.

Date of hearing

Order with signature of Judge

1. For orders on M.A.No.350/2018.

2. For orders on office objection.

3. For orders on C.M.A.No.351/2018.

4. For orders on C.M.A.No.352/2018.

5. For orders on C.M.A.No.353/2018.

6.   For hearing of main of case.

01.11.2018

Mr. Nisar Ahmed Abro, Advocate for applicants.

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            The facts in brief necessary for disposal of instant civil revision application are that the applicants filed a suit for declaration, possession, permanent / prohibitory injunction and damages. It was dismissed by learned trial Court vide judgment dated 20.06.2016 and decree dated 25.06.2016, which were impugned by the applicants by preferring an appeal. It was also dismissed by learned Appellate Court vide judgment and decree dated 15.05.2018, those have been impugned by the applicants before this Court by way of instant civil revision application. It is barred by time by 75 days. In order to condone such delay in filing of instant civil revision application, the applicants have filed an application u/s. 5 of the Limitation Act.

            It is contended by learned counsel for the applicants that the applicants were having no knowledge about the limitation; as such they could not file the instant civil revision application within time. By contending so, he sought for condonation of delay in filing of instant civil revision application, as according to him, the valuable rights of the parties are involved in the instant litigation.

            I have considered the above arguments and perused the record.

            Admittedly, the instant civil revision application is barred by time by 75 days. If for the sake of arguments, it is believed that the applicants were having no knowledge about the limitation, even then such delay in filing of instant civil revision application being unexplained could not be condoned, as ignorance of law is no excuse. On expiry of period of limitation, a valuable right is created in favour of other side.                                

                        In case of Khushi Muhammad through legal heirs vs. Mst.Fazal Bibi and others (PLD 2016 SC-872), it has been observed by the Honourable Court that;

“(ii) The hurdles of limitation could not be crossed under the guise of any hardships or imagined inherent discretionary jurisdiction of the Court. Ignore, negligence, mistake or hardship did not save limitation, nor does poverty of the parties”. 

                        In view of the facts and reasons discussed above, it could be concluded safely that; no case for condoning delay in filing instant civil revision application is made out; it is dismissed in limine alongwith listed applications, with no order as to cost.

J U D G E

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