Law: Limitation Act, 1908

Section: 12

(a) Limitation Act (IX of 1908)--- ----S.12---Exclusion of time in legal proceedings---Time requisite for obtaining a copy, exclusion of---Scope---Appellant assailed the dismissal of his appeal by Appellate Court on the sole ground of limitation---Validity---Copy was applied on 13-03-2018 but the cost was estimated on 26-03-2018, i.e. after about 13 days---Cost was estimated after 13 days of applying then it could not be logically presumed that during such period the Copying Branch was ever in a position to intimate the date of delivery---Such period was required to be excluded within the meaning of S.12(5) of Limitation Act, 1908---Trial Court had passed the on 08-03-2018 and the appeal was filed on 17-04-2018 hence, prima facie, the excess period was 09 days and if the interval period of 13 days (when cost was assessed) was excluded, the date of presenting appeal was well within the period of limitation---Impugned order was set aside and the case was remanded to the Appellate Court for decision on merits. 2019 CLC 321 and 2011 CLC 418 distinguished. amila Khatoon and another v. Mst. Tajunnisa and another PLD 1984 SC 208 rel. (b) Limitation Act (IX of 1908)--- ----S.12---Exclusion of time in legal proceedings---Time requisite for obtaining a copy, exclusion of---Scope---Time consumed in obtaining the copy needs to be excluded unless circumstances prove, prima facie, negligence on the part of the litigant and such litigant attempts to substitute his own negligence under the shade of said provision. Jamila Khatoon and another v. Mst. Tajunnisa and another PLD 1984 SC 208 rel. (c) Limitation Act (IX of 1908)--- ----S.12---Exclusion of time in legal proceedings---Time requisite for obtaining a copy, exclusion of---Delay in receiving copy---Effect---Time requisite would mean the interval between date of application for supply of copy and date when copy is ready for delivery; said term shall have no nexus with the act of litigant in collecting/receiving the same. Jamila Khatoon and another v. Mst. Tajunnisa and another PLD 1984 SC 208 rel. ORDER SALAHUDDIN PANHWAR, JUSTICE:----- Instant appeal is against the order dated 20.04.2019, passed in Civil Appeal No. Nil of…

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