Law: Civil Procedure Code (V of 1908)

Section: 19,96

Law: Limitation Act, 1908

Section: 181,168

Civil Procedure Code (V of 1908)--- ----O.XLI, R.19 & S.96---Limitation Act (IX of 1908), Arts.181 & 168--Suit for declaration and permanent injunction---Appeal was dismissed due to non-deposit of publication fee---Petition for readmission of appeal---Limitation---Suit was dismissed against which appeal was filed which was dismissed due to non-deposit of publication fees moved application for readmission of appeal but same was dismissed being time-barred---Validity---No specific direction had been passed to the petitioners for deposit of publication fee in the present case---Notice issued by the Appellate Court had been returned after its service and no question for deposit of publication fee did arise---Presiding Officer was on leave and appeal was adjourned by the Reader of the Court for the date when same was dismissed due to non-deposit of publication fee---Date fixed by the Reader of the Court could not be treated as "date of hearing" of appeal---Appeal, in the present case, had been dismissed when same was not fixed for hearing, in circumstances---Article 181 of Limitation Act, 1908 did apply in the present matter which had provided a period of three years for filing appeal or petition---Impugned orders passed by the Appellate Court were set aside and petition for readmission of appeal was accepted---Appeal was remanded to the Appellate Court for decision on merits after hearing the parties---Revision was allowed, in circumstances. THIS JUDGMENT DELIVERED BY: ALI BAIG, JUSTICE:---.--- This civil revision petition under section 115 read with section 151, C.P.C. has been filed by the present petitioners / plaintiffs against the impugned /order dated 16-10-2015, passed by the learned District Judge Astore, whereby, the learned 1st appellate court has dismissed the Civil First Appeal of the present petitioners/plaintiffs for non-depositing of publication fee and also against the /order dated 16-12-2016, passed by the learned District Judge Astore, whereby, the learned 1st appellate court has also dismissed the petition of petitioners/plaintiffs filed under Order XLI, Rule 19 read with section 151, C.P.C. for readmission of Civil First Appeal. 2.…

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