Law: Limitation Act, 1877

Section: 14

Law: Code of Civil Procedure of 1882

Section: 24,O.VII,R.10

(a) Limitation Act (IX of 1908)---.--- ---.----S. 14---.---Civil Procedure Code (V of 1908), S.24 & O.VII, R.10---.---Partition suit---.---Exclusion of time of proceedings before wrong forum---.---Principle---.---Trial Court decreed suit---.---Defendant filed appeal within 90 days before High Court on the basis of value of suit property determined by the local commission---.---High Court upholding the objections of plaintiff to maintainability of the appeal, sent the appeal to District Judge for adjudication on merits---.---District Judge dismissed appeal on the ground of limitation---.---Validity---.---Limitation for filing appeal before High Court was 90 days whereas appeal could be filed before District Judge within 30 days---.---Under S.14 of the Limitation Act, 1908, when a party failed to justify the filing of plaint/appeal before wrong forum, time of proceedings before such forum would not be excluded from the period of limitation---.---Under S.24, C.P.C. where a matter was transferred, such matter would proceed from the point at which it was transferred, unless otherwise directed---.---In the present case, appeal was not returned by High Court to defendants for its presentation before the proper forum, rather same was sent/remitted/ transferred to the District Court---.---Appeal was filed within time before High Court, so District Court was obliged to proceed with the appeal from the time/point the same was sent to the District Court---.---Even if defendants had moved application for condonation of delay appellate court should have appreciated the legal proposition that appeal before High Court had been filed within time and the same had not become time-barred on transfer by High Court---.---Revision was accepted. (b) Civil Procedure Code (V of 1908)---.--- ---.----S. 24---.---Transfer of case---.---Limitation---.---Under S.24, C.P.C. when a matter was transferred, such matter would proceed from the point at which it was transferred, unless otherwise directed. THIS JUDGMENT DELIVERED BY: MUHAMMAD TARIQ ABBASI, JUSTICE:---.--- This revision petition is directed against the judgment and decree dated 12.6.2012 passed by the learned Additional District…

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