Revisional powers of the Court under Section 115 CPC, he has ninety days to make the petition, failing which the petition is liable to be dismissed.

5. Another aspect of the matter which dissuaded me to interfere with the concurrent findings of the learned Courts below is delay in filing revision petition. Hon’ble Supreme Court in the case of Province of Punjab through District Officer Revenue Rawalpindi and others v Muhammad Sarwar (2014 SCMR 1358) has held that where an aggrieved party seeks redressal against the judgment or order through the revisional powers of the Court under Section 115 CPC, he has ninety days to make the petition, failing which the petition is liable to be dismissed. On being confronted with the said principle of law, learned counsel for the petitioner submits that the petitioner on 11.08.2014 applied for obtaining certified copy of the impugned decree dated 09.07.2014; that the petitioner had been regularly visiting the copying branch for obtaining certified copy of the decree but the same was delayed; that the certified copy of the decree which though was prepared on 11.08.2014 but was delivered to the petitioner on 01.11.2014; and, that after getting the certified copy of the impugned decree, the petitioner filed revision petition before this Court on 25.11.2014. On the basis of said facts he contends that revision petition is not barred by time; and, that since office had raised objection, the petitioner filed an application (C.M.No.2 of 2014) for condonation of delay. He requests that if there is any delay, same may be condoned on the basis of afore stated facts. 

Part of Judgment 

IN THE LAHORE HIGH COURT, LAHORE. JUDICIAL DEPARTMENT.

Civil Revision-Civil Revision(Against Decree)-Pre-emption
3543-14

2017 LHC 311