Law: Limitation Act, 1908

Section: 5,12

Law: Specific Relief Act, 1877

Section: 42

(a) Limitation Act (IX of 1908)--- ---Ss.5 ,  12---Khyber Pakhtunkhwa Epidemic Control and Emergency Relief Act (XXVII of 2020), S.30---Specific Relief Act (I of 1877), S.42---Suit for declaration---Condonation of delay---Exclusion of time in legal proceedings---Scope---Appeal of petitioner was dismissed being filed beyond the scope of period provided for filing an appeal in the Limitation Act, 1908---Contention of petitioner was that delay was because of emergency owing to Covid-19 pandemic and it was not deliberate or intentional---Validity---Submission of the petitioner constituted a sufficient reason to condone the delay particularly in view of the provisions of S. 30 of the Khyber Pakhtunkhwa Epidemic Control and Emergency Relief Act, 2020---Word ‘shall’ used by Legislature made it mandatory and hence, there was even no need to file a separate application for condonation of delay---Even otherwise, appeal of the petitioner was well within time and there was no delay of even a single day in filing the appeal---Appeal was remanded to the Appellate Court to decide the same on merits---Civil revision was allowed. (b) Limitation Act (IX of 1908)--- ---S.12---Exclusion of time in legal proceedings---Scope---In computing the period of limitation prescribed for an appeal, the day on which the complained of was pronounced, and the requisite time for obtaining a copy of the decree, appealed from or sought to be reviewed, shall be excluded. JUDGMENT MUSARRAT HILALI, J.--- The petitioner in this petition filed under Section 115 of the Code of Civil Procedure, 1908, has called in question the vires of Judgment and Decree dated 25.06.2020 passed by the learned District Judge Tank whereby the learned court while dismissing the application for condonation of delay, dismissed his appeal filed against Judgment and Decree dated 17.03.2020 of learned Civil Judge-I, Tank, being time barred. 2. Concise facts of the case are that the petitioner filed a declaratory suit seeking rectification of his date of birth recorded in the record of National Database and Registration Authority (NADRA), Tank. Defendant/NADRA filed written statement and after processing the suit in…

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