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Petitioner: AKBAR VS Respondent: Mst. JEHANDADI AND OTHERS
Court Name: High Court of Azad Jammu and Kashmir Judge(s): Sardar Muhammad Sharif Khan Title: AKBAR vs Mst. JEHANDADI AND OTHERS Case No.: Revision against the order of District Judge, Rawalkot dated 15-3-1978, Date of Judgment:1978-05-14 Reported As: 1980 CLC 1775(1) Result: Petition dismissed
JUDGMENT
JUDGMENT ' This revision is directed against order dated 15-3-1978 of the District Judge, Rawalakot by which the application for restoration of appeal was dismissed by him. It was for the 30th day of October, that the appeal was fixed for hearing. The appellant and his counsel both failed to appear before the Court when the case was called on for hearing on 30-10-1977. It was stated by the petitioner that due to his illness he was unable to attend the Court on the dated fixed and thus according to him, he had a sufficient cause for the readmission of the appeal but his plea was ignored without any reason. That may or may not be so but the application for restoration of appeal was made A beyond the prescribed period of limitation. No extension under section 5 of the Limitation Act can be granted to a person whose application was dismissed in default under Order XLI, rule 11(2), C. P. C. Application for restoration of an appeal under rule 19 of the same Order is governed by Article 168 of the Limitation Act ; and it should be filed within 30 days from the date of the dismissal of the appeal. The application for restoration was made on 6-12-1977, obviously beyond a period of limitation prescribed by law. Therefore, this revision petition is liable to be dismissed. That being so, it is hereby dismissed with costs.