Article 173 of the Limitation Act, 1908,

 I have heard the learned counsel for the parties and have also examined the law cited at the bar. The order under review was passed by me on 28.10.2013, whereas the application for its review was presented on 26.11.2013, that is, after 29 days of passing the order. Article 173 of the Limitation Act, 1908, provides a limitation of 90 days for review of judgment except in cases provided for by Articles 161 and 162 of the said Act. Article 161 is not relevant to the instant case, as it deals with the review of a judgment by the Court of Small Causes or by a Court invested with the jurisdiction of a Court of Small Causes. Article 162 of the Limitation Act, 1908, prescribes limitation period of 20 days “For a review of judgment by a High Court in the exercise of its original jurisdiction” from “The date of the decree or order”. It is significant to note that Article 162 ibid has been made applicable specifically to cases where review is sought before the High Court in its original jurisdiction ; and, it has been made applicable not only to judgment / decree, but also to an order passed by the High Court. In view of the limitation prescribed specifically for the review of the judgment / decree or order of High Court, I have no hesitation in holding that the instant review application shall be governed by Article 162 ibid and not by Article 173 ibid. This view is supported by the cases of Riyaz Qasim (supra) and Sardar Ali (supra) relied upon by the learned counsel for the plaintiff. In the former case, it was held by a learned Division Bench of this Court that Article 162 ibid was applicable, under which an application for review before the High Court could be filed within 20 days from the date of decree or order ; and, since the application was not filed within the prescribed period, the same was barred by time. The same view was taken in the latter case by a learned Division Bench of the learned Lahore High Court.

ORDER ON C.M.A. No. 13240 OF 2013