| Citation(s) |
|---|
| 1980 SLD 3050 = 1980 CLC 431 |
Lahore High Court
Second Appeal from Original Order No. 68 of 1978, heard on 3rd December. 1978.
Presented By: Muhammad Husan Sindher, J
Din Mohammad v. Abdul Majeed P L D 1967 Lab. 653 ref. Abdul Samad Hashmi for Appellant. M. Saleem and Syed Jalal Din Khalh; for
Respondent.
Second Appeal from Original Order No. 68 of 1978, heard on 3rd December. 1978.
Presented By: Muhammad Husan Sindher, J
Din Mohammad v. Abdul Majeed P L D 1967 Lab. 653 ref. Abdul Samad Hashmi for Appellant. M. Saleem and Syed Jalal Din Khalh; for
Respondent.
Ch. MUHAMMAD HUSSAINAppellant
VERSUS
Mst. IN;IYAT BIB]Respondent
Law: Civil Procedure Code (V of 1908)
Section: 100
Law: West Pakistan Urban Rent Restriction Ordinance 1959.
Section: 15(1)
Law: Limitation Act (IX of 1908)
Section: 12
(a) Civil Procedure Code (V of 1908) S. 100Second appearFining of factFinding requisite" for obtaining copiesHe/d. a finding of fact and cannot be displaced in second appealLimitation Act (IX [Question of fact]. Basra Singh and others v. Thakar Singh and others A 1 R 1922 Lab. 423 and Ram Saroop v. Zohrairarmal and others A I R 1923 Lab. 696 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 15 (1) read with Limitation Act (IX of 1908), S. 12Time requisite to obtain copiesHe/d, does not mean time actually required but time properly required for obtaining copiesPeriod which need .not have elapsed if reasonable and proper steps had been taken to obtain copyCannot be regarded as requisite under Limitation Act, 1908. Date of hearing : 3rd December, 1978. JUDGMENT MUHAMMAD HASSAN SINDHER. J.This is a second appeal by Muhammad Hussain tenant under subsection (4) of section 15, the West Pakistan Urban Rent Restriction Ordinance VI of 1959, to challenge judgment of learned appellate authority (Additional District Judge Gujranwala) dismissing as barred by time the first appeal by the present appellant. 2. The solitary question calling for decision in this appeal is what is the "time requisite" under section 12, Limitation Act. which should be excluded in computing the period of limitation of 30 days for filing the appeal before learned District Judge.The respondent (landlady) applied before learned Rent Controller, Gujranwala for order of eviction against the appellant. The application was accepted on 6th April, 1977. Applica tion for supply of copy was made by the appellant on 9th of May, 1977. Copy was prepared on 27th June, 1977 and delivery was obtained through a counsel or his clerk on 8th of August, 1977. The appeal was filed on 1st September, 1977 when the Courts reopened after annual…