CHUNI LAL CHOPRA Vs. SIRI KRISHAN DHAWAN

JUDGEMENT

(1.) THIS is a petition under Order XLVII, Rule 1 of the Code of Civil Procedure for review of the order of G. D. Khosla C. J. dismissing Civil Revision No. 364 of 1961 in limine on 11th July 1961.

(2.) THE facts may be shortly stated. In March 1960 the Respondent filed a suit against the Petitioner for recovery of Rs. (sic)50/ - as damages on account of malicious prosecution in this Court under the provisions of the Contempt of Courts Act. This suit was being tried by the Subordinate Judge, Kharar. On 29th August 1960 the following order was passed by the Court: Present Defendant in person. Plaintiff has not appeared this time also. Hence the suit is dismissed under order IX, Rule 8 of the Code of Civil Procedure.

(3.) THE learned Counsel for the Respondent has raised a preliminary objection that the present petition for review is barred by time. It is pointed out that under Article 173 of the Limitation Act the period prescribed for a review of judgment except in the cases provided for in Articles 161 and 162 is 90 days from the date of the decree or order. It is submitted that clearly the petition for review was presented after the expiry of 90 days and no application has been filed under Section 5 of the Limitation Act for extension of time. The Petitioner, who argued his case in person, was not able to meet this objection at all. The present petition for review, therefore, is liable to dismissal on this ground alone. At any rate, we have heard the Petitioner at length and we do not find any ground for reviewing the order made by G. D. Khosla C. J. on 11th July 1981. The Petitioner has sought to argue the following matters before us: