Law: Limitation Act, 1908

Section: 12(2)(3)(4)

Law: Limitation Act, 1908

Section: 12(2)(3)(4)

Partnership Act (IX of 1932)-------Ss. 39 & 48---Specific Relief Act (I of 1877), S.44---Limitation Act (IX of 1908), S.12 [as amended by Limitation (Amendment) Act (XIII of 1991)]---Suit for dissolution of partnership, rendition of accounts and appointment of receiver---Suit had been decreed by the Trial Court, appeal thereagainst was dismissed being barred by time---Decree sheet in the case was not drawn on the same day when it was passed, but was drawn after about one and half months from passing of the same---Application for obtaining copy of decree was filed by the defendant in the Copying Agency, 12 days after it was passed---No intimation or notice was given to the defendant to the effect that copy of decree had been prepared which could be collected from the Copying Agency---Defendant procured the copy of decree after more than 3 months from filing of application for its procurement and defendant thereafter filed appeal after about 13 days from obtaining same, which appeal was dismissed being barred by time---Validity---Under S.12 of Limitation Act, 1908, period requisite for obtaining of certified copies had to start from the date of application and was to be counted up to the date of delivery, regarding which date or intimation had to be given by the Copying Agency to the applicant about the preparation of the certified copy---In the present case, there was no material before the Appellate Court to ascertain that any information or intimation was given to the defendant that copy of the and decree was ready for delivery---After deducting the period commencing from the date of filing application for obtaining certified copy up till delivery of copies, appeal filed by the defendant was well within the period of limitation---Appeal was held within time and Appellate Court was not justified to dismiss same on the point of limitation. Ch. Mushtaq Masood for Petitioner. M. Iqbal for Respondent No.1. Respondents Nos.2 (i to iv) ex parte vide order dated 26-2-2007). Date of hearing: 24th June, 2011. JUDGMENT ABDUL WAHEED KHAN, J.--- Mst. Surriya Mall widow of T.K. Mall respondent No.1 herein, filed a suit for dissolution of partnership, rendition of…

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