Law:

Section:

(a) Limitation Act (IX of 1908)---- S. 12(2)(3) & Art. 179 read with High Court (Lahore) Rules & Orders, Vol. V, Chap. 8-A-Application for grant of certificate for leave to appeal-Limitation-Application for grant of copy of decree made on 9-4-1964-Copy supplied on 15-7-1964-Application for grant of certificate for leave to appeal filed on 6-10-1964 - Application, held, within time and time taken in obtaining copy of decree had to be ex­cluded-Subsection (3), of S. 12 held further, not attracted to case-Sub­section (3) applicable only where decree appealed from or sought to be reviewed-Mere fact of no requirement for filing copies of or decree being laid down in High Court Rules & Orders-No ground to ignore S. 12, Limitation Act, 1908-Civil Procedure Code (V of 1908), Ss 109 & 110. Subsection (2) of section 12 of the Limitation Act provides that in computing the period of limitation prescribed for an appeal, an application for leave to appeal and an application for a review of , the day on which the complained of was pronounced, and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be reviewed shall be excluded. Admittedly, in the present case, the appellant applied for obtaining a copy of the decree on the 9th April 1964, and it was supplied to him on the 15th July 1964. The application was made under sections 109 and 110, C. P. C. on the 6th October 1964. If the time taken in obtaining the copy of the decree is excluded, the application under sections 109 and 110, C. P. C., is within time. Subsection (3) of section 12 of the Limitation Act is not attracted to the case under consideration. It applies where a decree is appealed from or sought to be reviewed. It does not apply where an application for leave to appeal is made. The mere fact that under the Rules and Orders of the High Court, there is no requirement for filing the copies of the and decree is no ground to ignore section 12 of the Limitation Act. Hari Ram v. Prem Nath and others A I R 1935 Lah. 341 and Ghulam Hussain v. Ghulam Mohammad P L D 1966 B J 11 not approved. Wali Muhammad and others v. Wali Muhammad and others P L D 1974 S C 56…

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