Law: Punjab Rented Premises Act, 2009

Section: VII,19

Law: Limitation Act, 1908

Section: IX,12

(a)    Punjab Rented Premises Act (VII of 2009)--- ----S.19---Limitation Act (IX of 1908), S.12---Limitation of appeal--Computation and starting point---Ejectment petition was allowed---Appeal against decision of Rent Tribunal was dismissed being barred by time--Certified copy not prepared on stipulated date, plea of---Whether limitation to be computed from date of preparation of certified copy or from date of its delivery to the applicant?---Exclusion of time in legal proceedings for the purpose of computing the limitation period---Mechanism and scope---Pivotal issue in the present Constitutional petition was about limitation in filing appeals---The petitioners (tenants) had been ordered to be evicted by the Rent Tribunal, and when they tried to challenge that order, their appeals were dismissed being time barred---The main legal question for determination before the High Court was: from what point should the limitation period for filing an appeal be counted; either from the date the certified copy of the order was prepared, or from the date it was actually delivered to the petitioners? ---Held: Time requisite for obtaining certified copy of order within the meaning of S.12 of the Act, 1908 meant only the interval between the date of application for supply of copy and the date when it was ready for delivery---Even during this interval, due diligence on the part of the litigant was required by law and no delay, unless such as was caused by the circumstances, which he had no control and which could not by due diligence be avoided, form part of time requisite for obtaining certified copy---The time between the date on which the copy was ready for delivery and the date on which the applicant chose to take delivery thereof was not a limb of the time requisite for obtaining certified copy--Therefore, petitioners failed to prefer their appeals within prescribed period and time, as such the appellate court had rightly adjudged the same, being barred by time---Resultantly, present and connected writ petition, being bereft of any merits, were dismissed, in circumstances. Fateh Muhammad's case 1975 SCMR 157; Mian Muhammad Sabir's case PLD 2008 SC…