Law: Limitation Act, 1908

Section: S. 12 (2) (3)

Limitation Act. (IX of 1908), S. 12 (2) (3)-Exclusion of dine requisite for obtaining copies-Subsection (2) and subsection(3)give an independent exclusion-Copies of judgment and decree applied for on different dates-Both periods to be excluded provided copy for latter applied for within time extended by reason of copy of earlier document Overlapping period not to be excluded twice--[Ramchandrarao and others v. Mayaram 1061 C 57; Raja Ram v. The Firm Nathe Mal Lala Mal 95 1 C 303 and Badshah Mian v. Pandurang A I R 1930 Nagpur 113 Tel.; Parashram v. Likhan 10 1 C 866, Nibaran Chandra Dutt v. Martin & Co. 581 C 408 and Abdul Wahed v. Abdul Khalique P L D 1952 Dacca 399 dissented from].   Civil Procedure Code (V of 1908), O. XLI, r. 1-Filing of copy of judgment with memorandum of appeal not optional with appellant, but may be dispensed with by Court.     JUDGMENT   SAJJAD AHMAD JAN, J.-This second appeal arises out of a suit brought by the plaintiff-appellants, lust. Ashraf Jan and Abdu; Ghafoor, for possession by partition of one-fourth share in certain houses and ihatas belonging to one Faiz Muhammad and situated in Islamabad- Rawalpindi.   Faiz Muhammad died in April 1950, leaving behind as his heirs a mother, four sisters and three brothers. Mst. Ashral Jan plaintiff-appellant is one of the sisters who, joined by hey husband Abdul Ghafoor as a co-plaintiff, claimed in the suit than between themselves Mst. Ashraf Jan by inheritance, and Abdul Ghafoor by purchase from some of the heirs of Faiz Muhammad had come to own one-fourth share in the suit property left by Faiz Muhammad consisting of three houses, bearing Nos. L/122, L/198 and L/193-C, and three ihatas, bearing Nos. 5, 31 and 32, respectively. It was -further claimed that the plaintiffs had con structed a house on plot No. 5 at a cost of Rs. 1,500 after the death of Fiaz Muhammad and that they were exclusively entitled to it.   The quantum of the share of the plaintiffs in the suit property was not disputed.However, Sher Ahmad respondent, one of the brothers of Fiaz Muhammad, who was the main con testing defendant in the case, put up certain money ciaims against the…