Law: Civil Procedure Code (V of 1908)

Section: 151 , 181 , 42

  Civil Procedure Code (V of 1908)--- ---S. 151---Limitation Act (IX of 1908), Art. 181---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Art. 42---Reconstruction' of record-- Burning of record during pendency of appellant's appeal before High Court-- Appellant's application for reconstruction of record was dismissed by the High Court on the ground that such application having been filed beyond 120 days of burning of record was beyond period of limitation fixed by the High Court-- Validity---For application for reconstruction of record whether the same was under Civil Procedure Code, 1908 or outside the ambit of Civil Procedure Code, 1908, in both eventualities, relevant Article of Limitation Act, 1908 would be Art. 181, which provides period of three years---High Court, thus, had 'no jurisdiction to fix period of limitation of 120 days for filing applications for reconstruction of record---Appellant's application for reconstruction of record having been filed well within the period of three years was, thus, within time-- Judgment of High Court whereby it had refused to reconstruct relevant record on basis of limitation was set aside by Supreme Court and case was remanded to it for decision afresh in accordance with law. K.S. Abdul Latif v. The Republic of Pakistan and 2 others PLD 1971 Quetta 77; The West Pakistan Water and Power Development Authority, Lahore v. Messrs Omar Sons Ltd. PLD 1967 Lah. 398; M. Imam-ud-din Janjua v. The Thal Development Authority through the Chairman, T.D.A., Jauharabad PLD 1972 SC 123; Mian Omar Din v. Government of Azad Jammu and Kashmir PLD 1968 Azad J&K 21 and AIR 1953 SC (Ind.) 98 ref. Raja Muhammad Hanif Khan, Advocate for Appellants. M. Tabassum Aftab Alvi, Advocate for Respondents. Date of hearing: 27th January, 1996. JUDGMENT   MUHAMMAD YUNUS SURAKHVI, J.---This appeal, with leave of the Court, has been filed to challenge the legality of an order recorded by the High Court on May 21, 1995, whereby the application moved by the appellants, herein, for reconstruction of record destroyed on account of fire was dismissed. ' The precise facts culminating into the present…