Case Details

Citation(s)
1983 SLG 4000 1983 SLD 4000 = 1983 CLC 1235
Sindh High Court
Second Appeal No. 399 of 1979, decided on 4th April, 1982.
Before Naimuddin, J
Shamdas B. Chhangani for Appellants. Ihamat Jethanand for
Respondent.     Date of hearing 4th April, 1982.    

MU14AMMAD OMAR AND OTHERS-Appellants

VERSUS

DR. AMINA ASHRAF-Respondent

Law: Limitation Act (IX of 1908)

Section: 12

Limitation Act (IX of 1908)-

 

--- S. 12 and Maxim : Actus curiae nominem gravabit (act of Court shall prejudice no man)-Only endorsement of `Stamps not supplied' made on application for-grant of copy but applicant not called upon to supply stamp-Applicant supplying stamps and copy supplied on same day-Requirement of supply of stamps being not communicated to applicant earlier and no pasting being made on notice board after preparation of copy, exclusion of time between date of application and date of preparation of copy, held, deserved by applicant and appeal within time--Party could not be allowed to suffer on account of office of Court; on principle that parties should not suffer due to any act or omission of Court or its officers -[Maxim]. 

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