1988 PLP 1937 (CLC)

‑‑‑S. 5‑‑Civil Procedure Code (V of 1908), Ss.96 & 115‑‑Time‑barred appeal‑‑ Condonation of delay‑‑Delay of each day in filing appeal not explained and impugned order of Additional District Judge appearing to be unexceptionable‑‑No illegality or material irregularity found to have been committed in disposal of appeal‑‑Revision petition dismissed in limine. Muhammad Ozair, Chughtai for Petitioner. The revisional jurisdiction of this Court has been invoked to set aside the judgment and decree, dated 25‑10‑1987 passed by the learned Additional District Judge, Rahimyar Khan and those of the learned Civil Judge, Liaqatpur, dated 17‑2‑1987 whereby the suit of the petitioner was dismissed as he could not prove his superior right of pre‑emption.

2. The petitioner had sought to pre‑empt the sale of the land in dispute on the basis of his superior right of pre‑emption. Learned Civil Judge found that he was a sharer in the village and could not assert his better right of pre‑emption and dismissed the suit on 17‑2‑1987.

3. The petitioner lodged an unsuccessful appeal before the learned Additional District Judge, Rahimyar Khan and also moved an application under section 5 of the Limitation Act, for the condonation of delay in lodging this appeal. It has been stated by the petitioner that he was in U.A.E. and on receipt of information about the dismissal of his suit he applied for leave and after obtaining the sanction of the same he left for Dubai on 26‑3‑1987 and reached Karachi on the same evening. On 27‑3‑1987 it was Friday and the petitioner could not contact his counsel. On 28‑3‑1987 the petitioner tried to obtain copy of the impugned judgment and decree and he was informed that the file had been consigned to the record room. He came to Rahimyar Khan on 29‑3‑1987 and could not get the file from the record room and obtained its copy on 30‑3‑1987. He explained that he fell ill on 30‑3‑1987 and was under treatment of a doctor till 31‑3‑1987 and on 1‑4‑1987 he came to Rahimyar Khan and filed this appeal.

3. No medical certificate has been furnished to show that the petitioner was really sick on 30th and 31st March, 1987. The learned first Appellate Court has referred to a power of attorney placed on the record whereby the appellant authorised Mian Saeed‑ur‑Rehman, Advocate as a Special Attorney to file the appeal or revision as the case may be. He should have filed the appeal on behalf of the petitioner. Furthermore, the delay of each day has not been explained and the order of the learned :additional District Judge Rahimyar Khan, dated 25‑10‑1987 appears to be unexceptionable. He has not committed any illegality or material irregularity in the disposal of the appeal. The civil revision stands dismissed in limine. S.Q./M‑642/L Petition dismissed.