Law: Civil Procedure Code (V of 1908)

Section: O.XLI,R.17,18,19

Law: Limitation Act, 1908

Section: 5

(a) Limitation--- ----Void order---Limitation---Scope---When order is void, illegal, without jurisdiction and nullity in the eye of law, question of limitation does not arise. (b) Civil Procedure Code (V of 1908)--- ----O.XLI, Rr.17 & 19---Appeal, restoration of---Principles---Appellant was a house wife who filed appeal before Lower Appellate Court, which was dismissed for non-prosecution---Plea raised by appellant was that counsel engaged by her died during pendency of appeal and she engaged another counsel who went to other city due to sudden death of his father-Validity-Request of appellant was genuine and she must be heard and matter be decision dated: merits instead of deciding the same on technical ground---Order passed by Lower Appellate Court, dismissing the appeal was set aside and the matter was remanded for disposal afresh on merits after providing full opportunity to the parties---Appeal was allowed accordingly. 1986 SCMR 362; Muhammad Amin and 4 others v. The Chief Administrator of Auqaf West Pakistan Lahore 1970 SCMR 537; Major Shaukat Ali Randhwa v. Mst. Zartaj Hamid and others 1985 CLC 3011 and and Ghulam Muhammad v. Altaf Hussain and others 1981 SCMR 533 ref. THIS ORDER PASSED BY: GHULAM DASTAGIR A. SHAHANI, J.--- This order will dispose of Civil Miscellaneous Appeal No. 50 of 2008 filed being dissatisfied with the order passed on 19-5-2008 by the Ist Additional District Judge, Karachi Central, by which he dismissed applications moved under Order XLI, Rule 19, C.P.C. and section 5 of the Limitation Act. Facts of the case in brief are that, appellant claims to be owner of a Flat bearing No.A-03, situated in the building, known as S.S. Apartments, Block-h, North Nazimabad, Karachi. The respondent (Mst. Kishawar Jamal) filed Civil Suit No. 453/2005 for specific performance of contract, declaration and cancellation of documents, on the basis of agreement of sale and suit was decreed on 2-5-2006 by the Court of VIth Senior Civil Judge, Karachi Central. Being aggrieved and dissatisfied, Civil Appeal No.82 of 2006 was preferred with the Court of learned District Judge, Karachi Central, and on receiving by transfer same was admitted for regular…

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