Law: Limitation Act (IX of 1908)

Section: 5

Limitation Act (IX of 1908) Ss. 5 & 12-Appeal-Limitation - lime requisite for obtaining certified copy of ejectment order even if computed from date of applica tion for grant of copy to date of its delivery, first appeal filed by petitioner barred by one day-No explanation given for condonation of delay and no error in computation of period by High Court shown-Order passed by High Court dismissing appeal-Held un exceptionable in circumstances.-[Appeal (civil)-Limitation]. Date of hearing : 27th June, 1979.                                                                                                                      JUDGMENT MUHAMMAD AKRAM, J.-The respondent brought an application for the ejectment of the present petitioner from the two flats in question situated in P. E. C. H. S., Karachi before the Rent Controller Karachi. In the course of the proceedings on the 12th of May 1976, neither the petitioner nor her learned counsel appeared at the hearing fixed for the settlement of rent account under section ' 13(6) of the Urban Rent Restriction Ordinance and consequently the proceedings were taken. ex parte against her. Eventually on the 31st of May 1976, the learned Rent Controller at Karachi passed an ex parte order for her ejectment from the premises. Her appeal against it was dismissed as barred by 3 days in the absence of any application filed for the condonation of the delay by the learned Additional District Judge Karachi on the 9th of July, 1976. She then filed a second appeal from the order which too was dismissed by a learned Judge of the Sind High Court at Karachi who agreed with the lower appellate authority that her appeal before him had been rightly dismissed as time-barred. In these circumstances the petitioner has filed this petition for special leave to appeal from the order passed by the learned Judge in Chambers. We have heard the learned…