AB KARIM MIR Vs. MALA AZIZ

JUDGEMENT

(1.) THIS is a revision application directed against an order of Subordinate Judge, Baramulla, dated 26th November, 1962.

(2.) THE revision application was presented before this Court on 5th April, 1963 after a lapse of 127 days from the date of the order of the trial Court. The application came up for hearing before a Single Judge of this Court on 21st June, 1963 and a preliminary objection was taken by the counsel for the respondent that the application was filed after undue delay and therefore it should be dismissed on that ground alone The learned Judge has referred this application for decision to a large Bench on two grounds: (1) that there is no period to limitation prescribed for filing revision petitions and (2) if the period of limitation for an appeal expires at a time when the High Court is sitting in the other province the period of limitation for filing the appeal is doubled under art. 156 -A of the Limitation Act and whether the same principle should apply to revisions and the period for filing the revision application should also be doubled.

(3.) BEFORE us it is argued on behalf of the petitioner that there is no time limit with regard to the filing of a civil revision application and the delay may be condoned. It is contended that ordinarily the period allowed for filing revision application is the same as is allowed in the case of appeal; the present revision application had been filed when the Court was not in Srinagar but had moved to Jammu and therefore under Explanation to Art. 156 -A of the Limitation Act time for filing an appeal was 180 days and the same time ought to be allowed for filing a revision application. The main questions for consideration in this case are whether revision application should be filed within the same period as is prescribed for an appeal and, whether under Explanation to Article 156 -A of the Limitation Act the period should be doubled in case of revision application from a decision of a Court in one province when on the last day of the period of limitation for an appeal the High Court was sitting in another province. It is true that there is no time limit with regard to the filing of a revision application but it is a settled practice of this Court that applications in civil revision should also be filed as a rule within the period of ninety days allowed by Law of Limitation for an appeal and the Court has full discretion to condone the delay provided the petitioners are able to satisfy the Court that there were unavoidable circumstances which caused the delay and that the delay in filing the revision application was not due to the negligence of the petitioners. Revision is a discretionary remedy and if a party wants to move the High Court in revision it should do so diligently and as early as possible. For an appeal the period of limitation prescribed in the Limitation Act is ninety days and it is held by most of the High Courts that ordinarily revision applications should be filed within the period prescribed for appeals, that is, ninety days. In Rohtas Industries Ltd. and another versus P. N. Gour, Receiver of Murli Hills and others, A. I R. 1957 Patna 16, it is laid down that applications in civil revision should also be filed as a rule within the period of 90 days allowed by law for an appeal. The same view is taken by the Punjab High Court in Lakhshmi Narain versus Bharat Singh, A. I. R. 1952 Punjab 200 wherein it is held: -