MUHAMMAD ALAMGIR Versus MUHAMMAD IQBAL

An application filed by the petitioners under section 12(2), C.P.C., challenging the validity of the judgment and decree, dated 4-2-1985, was dismissed by the learned trial Court by order, dated 14-1-1985 impugned through this revision, on the ground that it was barred by time. In holding so, it relied upon Sikandar v. Saleh Muhammad 1983 C L C 1590 in which a Division Bench of the Karachi High Court took the view that Article 173, governs the period of limitation for an application under section 12(2).

2. I have examined the record and heard the learned counsel for the petitioners and respondent No.4. Respondents Nos.1 and 3 have been heard in person. No one appears for respondent No.2 despite service through publication. He is, therefore, proceeded against ex parte.

3. My attention has been drawn by the petitioner's learned counsel to a Division Bench judgment of the Peshawar High Court in the case of Malik Inayat Ullah Khan v. Government of Pakistan reported as PLO 1985 Pesh. 23 wherein after considering the aforesaid judgment of the Karachi High Court, it has been held that an application under section 12(2) cannot be treated as a review petition and to such an application Article 181 of the Limitation Act applies. With respect I entirely agree with the reasoning given in the Peshawar judgment. Even the learned counsel for respondent No.4 agrees that Article 181 is applicable and not Article 173. The application in question having been filed within three years of the impugned judgment and decree, is well within time.

4. Accordingly this revision petition is accepted, impugned order set aside and the case is remanded to the learned trial Court for its disposal on merits in accordance with law. The parties are left to bear their own costs.

H.B.T. ????????????????????????????????????????????????????????????????????????????????????????????????? Revision granted.