P L D 1949 Lahore 541 (PLP)
Khan Sahib KHAN MUHAMMAD SAADAT ALI KHAN‑Petitioner Versus THE ADMINISTRATOR CORPORATION OF CITY OF LAHORE — Respondent
| Citation | P L D 1949 Lahore 541 (PLP) |
| Forum / Court | |
| Bench Members | Sir Abdur Rahman, A. C. J., Cornelius and |
| Parties | Khan Sahib KHAN MUHAMMAD SAADAT ALI KHAN‑Petitioner Versus THE ADMINISTRATOR CORPORATION OF CITY OF LAHORE — Respondent |
Q1: What are the key laws and sections cited in P L D 1949 Lahore 541 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1949 Lahore 541 (PLP)?
The case was heard and decided by the bench comprising: Sir Abdur Rahman, A. C. J., Cornelius and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1949 Lahore 541 (PLP) (Khan Sahib KHAN MUHAMMAD SAADAT ALI KHAN‑Petitioner Versus THE ADMINISTRATOR CORPORATION OF CITY OF LAHORE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- B. Z. Kaikaus for Petitioner.
- Mahbub Elahi for Respondent.
Headnotes / Summary
(This case was referred by Sir Abdur Rahman Kt., A. C. J., vide his order dated the 30th Aprill 1948 to a Division Bench, consisting of Sir Abdur Rahman, A. C. J. and Mr. Justice Muhammad Khurshid Zaman. This Bench again referred this case to a Full Bench consisting of Sir Abdur Rahman, A. C. J., Mr. Justice Cornelius and Mr. Justice Muhammad Khurshid Zaman, vide its order dated the 18th June 1948. Full Bench again referred the case to the above noted Division Bench (consisting of Sir Abdur Rahman, A. C. J. and Mr. Justice Muhammad Khurshid Zaman) vide its order dated the 2nd July 1948.) Civil Procedure Code (V of 1908), O. XXII, r. 3‑Is not applicable to revisions‑Petition for revision cannot, therefore, be dismissed on ground of abatement‑Civil Procedure Code (V of 1908), S. 141 Indian Limitation Act (1X of 1908), First Schedule, Art.
176. Order XXII, rule 3, Civil Procedure Code, is not applicable to revisions and a petition for revision cannot, therefore, be dismissed on the ground of abatement. Art. 176 of the Indian Limitation Act (IX of 1908) only applies to are application made to bring the legal representative of a deceased plaintiff (which means in a suit) or of a deceased appellant (which means in an appeal) on record. There is thus nothing in this Article which would attract its provisions to a revision. Section 141 of the Code of Civil Procedure applies to the procedure provided in the Code in regard to suits (the omission of the word "appeal" is significant) to all proceedings in any Court of Civil Jurisdiction. The section is so drafted as to enable a Court to apply the procedure in regard to suits to such proceedings as are in pari materia with suits and thus original in character. A revision is very much unlike a suit although it may share many common features with an appeal. The procedure provid ed for suits would be mostly inapt and inappropriate to proceedings in revision. I L R 17 All. 106 (111) P C referred to. To extend the procedure provided for suits to revisions would, in the absence of any reference to an appeal or to an appellate Court in sec tion 141, (the omission being deliberate as the procedure for appeals is provided in O. XLI of the Code) put such a strain on its language as it cannot stand. 21 I C 407 ; A I R 1927 Lah. 13 F B ; A I R 1938 Mad. 115 distinguished.
Judgment & Decree
Cornelius, J.
‑ I agree entirely, and have nothing of my own to add. Khurshid Zaman, J.--‑ I concur. Sir Abdur Rahman, A. C. J. and Khurshid Zaman, J.‑In view of the decision of the Full Bench, the application for revision to this Court must be held not to have abated. Since no limitation is provided by the Indian Limitation Act for bringing the legal representatives of the deceased on the record, the application for bringing them as petitioners in place of Nawab Saadat Ali Khan is allowed and they may now be brought on the record. The case would now go back to the Court of Small Causes at Lahore for being disposed of on the other issues‑in accordance' with law. Parties are directed to appear before the Court of Small Causes at Lahore on the 26th July, 1948. A. H. Reference answered.