Law: Limitation Act, 1908

Section: 12,12(5)

Law: Civil Procedure Code (V of 1908)

Section: 96

Limitation Act (IX of 1908)--- ----S.12---Civil Procedure Code (V of 1908), S.96---Appeal---Period of limitation---Computation---Non-issuance of notice by copying branch for collection of certified copy---Judgment and decree was passed by Trial Court on 29-3-2004, application for certified copy was made on 31-3-2004, cost was deposited on 12-4-2004 and copy was delivered on 24-4-2004---Appellate Court dismissed the appeal being barred by limitation---Plea raised by petitioner was that copying branch did not issue any notice for receipt of certified copy, therefore, time would be computed from the date of delivery of copy---Validity---Section 12 (5) of Limitation Act, 1908, provided that only that time was excluded from limitation period provided under law, which was requisite for obtaining the copies---Petitioner did not file any receipt of copyist to show as to whether any date for collection of copy was given to him or not, therefore, date which had been mentioned in the by the copyist was correct---If period would be calculated, then appeal filed . on 22-5-2004, before Appellate Court was barred by 20 days as the delay on the part of petitioner towards deposit of copying cost and further delay in collection, of certified copy, could not be condoned---Such period could not be excluded from limitation time provided under 5.12 of Limitation Act, 1908---Appellate Court had rightly dismissed the appeal and High Court, in exercise of revisional jurisdiction, declined to interfere with the ---Revision was dismissed in circumstances. 2003 SCMR 176 rel. 1975 SCMR 157 and 2003 SCMR 1560 ref. THIS ORDER PASSED BY: MUNIB AHMAD KHAN, J.--- This revision application has been filed against the judgment, dated 6-12-2006 passed by IIIrd Addl. District Judge, Karachi. (East) whereby Civil Appeal No.117 of 2004 filed by the applicant against the judgment of lower Court has been dismissed. The reasons prevailing upon the Appellate Court in dismissing the appeal are as follows:-- "It is quite clear that the judgment was passed on 29-3-2004 and the decree was prepared on the wine date. The appellant applied for certified copy. of the judgment and decree on 31-3-2004. He deposited…

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