Revision petition suffering from some defect, i.e. non-filing of pleadings, could not be dismissed being barred by time and at the best, it could be treated as being not maintainable

10. Another contention of learned counsel for the petitioners is that the revision petition suffering from some defect, i.e. non-filing of pleadings, could not be dismissed being barred by time and at the best, it could be treated as being not maintainable. In this regard, he has relied upon the law laid down by the apex court in case Mst. Sabiran Bi. V. Ahmad Khan and another (2000 SCMR 847). In the same judgment, it has been held that: “Learned counsel also relied on 1992 CLC 296, PLD 1996 Lahore 158, PLD 1996 SC 706 and 1997 SCMR 1224 but in our opinion these judgments are distinguishable on facts from the case in hand because in the reported judgment the memos. of petitioners/appeals were handed over by Deputy Registrar to the Advocate for the purposes of removing office objections within the time fixed for this purpose but they did not adhere to the time and refiled petitions etc. after considerable delay. Thus, the Court concluded that in such situation the petitioners are time barred; whereas in the instant case the prominent distinction is that memo. of petition was never handed over to the counsel for petitioner for removing office objections.”

(Emphasis provided)

Part Of Judgment
Lahore High Court
Civil Revision
214918/18
2018 LHC 1092