SHAFAT HUSSAIN Vs. JEHANGEER

JUDGEMENT

(1.) THE short question that falls for determination in this case is as to whether or not an application in terms of Sec. 5 of the Limitation Act filed for condoning the delay in filing a revision, falls within the purview of the revisional powers of a civil court ? In case this question is answered in affirmative, then this appeal is not maintainable because the same emanates out of such an order and in terms of C1.12 of the Letters Patent no appeal shall lie against an order passed by a court in exercise of its revisional jurisdiction.

(2.) MR . Kotwal appearing for the appellant contends that the proceedings of disposal of an application in terms of Sec. 5 of the Limitation Act, are entirely distinct and different from the main proceedings. Therefore, an order passed, while disposing of such an application, cannot be termed to be the one passed under the revisional powers of the court. According to him, this appeal is competent as such. He has tried to rely upon AIR 1987 SC 1353.

(3.) WE have considered the rival contentions of the parties