IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Civil Revision Application No.S-57 of 2017

Applicant               :                         Akhtiar Ali s/o Arbab Ali Lahori,

In person

Respondents           :                      Through Mr.Abdul Rasheed Soomro,

State Counsel, &

Mr.Abdul Rasheed Abro, D.A.G                        

Date of hearing      :                       08.11.2018             

Date of order          :                       08.11.2018

O R D E R

IRSHAD ALI SHAH, J.- The facts in brief necessary for disposal of instant civil revision application are that the applicant filed a suit for change of date of his birth. It was dismissed by learned trial Court on 06.06.2016, such dismissal of his suit was impugned by the applicant by way of filing an appeal, it was dismissed by learned Appellate Court on 10.10.2017, on point of limitation being barred by 15 months and 21 days, such order of dismissal of his appeal by learned Appellate Court, the applicant has impugned before this Court by way of instant civil revision application.

2.                    It is contended by the applicant in person that he ought not to have been dislodged from the contest by learned Appellate Court on point of limitation. By contending so, he sought for remand of the matter to learned Appellate Court for fresh decision on his appeal in accordance with law.

3.                    Learned D.A.G and learned State Counsel have sought for dismissal of the instant civil revision application by contending that the applicant by seeking change of date of his birth is intending to continue with government service without any lawful justification. 

4.                    I have considered the above arguments and perused the record.

5.                    Apparently, the applicant was not able to examine the author of the documents, which he relied upon for change of date of his birth before learned trial Court. In that context, the learned trial Court right was to make conclusion that the documents so produced by the applicant for change of date of his birth could not be relied upon. The appeal filed by the applicant before learned Appellate Court was time barred by 15 months and 21 days, such delay in filing appeal he was not able to explain properly. In that context, the learned Appellate Court was right to dismiss the appeal of the applicant on point of limitation.

6.                    In case of Khushi Muhammad through legal heirs vs. Mst.Fazal Bibi and others (PLD 2016 SC-872), it has been observed by the Honourable Court that;

“(ii) The hurdles of limitation could not be crossed under the guise of any hardships or imagined inherent discretionary jurisdiction of the Court. Ignore, negligence, mistake or hardship did not save limitation, nor does poverty of the parties”. 

7.                    In view of the facts and reasons discussed above, it could be concluded safely that; the learned Appellate Court has committed no illegality by dismissing the appeal of the applicant, thereby maintaining the dismissal of suit of the applicant by learned trial Court, which could be made right by this Court by way of instant civil revision application; it is dismissed accordingly, with no order as to cost.

JUDGE