| Citation(s) |
|---|
| 1979 SLG 508 1979 SLD 508 1979 SCMR 172 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 660 of 1977, decision dated: 27th November 1978On appeal from the judgment and order of the Lahore High Court, dated 17 10 1977, in C, M. Nos. 2375 C/77, C. M. No. 2376 C/77 and C. M. No. 2377 C/77
ANWARUL HAQ, C.J. AND KARAM ELAHEE CHAUHAN, J
Zafar Pasha Chaudhry, Advocate Supreme Court and Mahmood A. Qureshi, Advocate on-Record for Petitioner. Ch. Khurshid, Advocate Supreme Court and S. Wajid Hussain, Advocate-on-Record for
Respondent
Civil Petition for Special Leave to Appeal No. 660 of 1977, decision dated: 27th November 1978On appeal from the judgment and order of the Lahore High Court, dated 17 10 1977, in C, M. Nos. 2375 C/77, C. M. No. 2376 C/77 and C. M. No. 2377 C/77
ANWARUL HAQ, C.J. AND KARAM ELAHEE CHAUHAN, J
Zafar Pasha Chaudhry, Advocate Supreme Court and Mahmood A. Qureshi, Advocate on-Record for Petitioner. Ch. Khurshid, Advocate Supreme Court and S. Wajid Hussain, Advocate-on-Record for
Respondent
MUHAMMAD DIN
VS
MUHAMMAD SALEEM
Law:
Section:
Civil Procedure Code (V of 1908) O. XLI, r. 19 read with Limitation Act (IX of 1908), S. 5 Restora¬tion of appeal dismissed in default Condonation of delay Application for restoration of appeal dismissed in default Section 5, Limitation Act, 1908 not applicable to case Registered notice issued to petitioner but petitioner not appearing before Court No plea of change of address of petitioner or of notice having been issued with wrong address Case appearing to be one of deliberate absence Each day of limitation also not explained Application for restoration, held, rightly dismissed in circumstances. [Appeal (civil) Condonation of delay]. ORDER KARAM ELAHEE CHAUHAN, J. The petitioner filed a regular second appeal being R. S. A, No. 547 of 1966 in the Lahore High Court. It came up for hearing on 8 3 1976 but as nobody appeared for the petitioner (appellant), the same was dismissed in default on the aforesaid date. The petitioner filed an application being Civil Miscellaneous No. 2375 C/1977 for restoration of the appeal under Order XLI, rule 19, C. P. C. on 15 6 1977. It was accompanied with another Civil Miscellaneous Application bearing No. 2377 C/1977 which was filed under section 5 of the Limitation Act IX of 1908 for the condonation of delay and for extension of the relevant period of limitation for filing the restoration application. A learned Single Judge of the Lahore High Court held that section 5 of the Limitation Act was not applicable to an application filed for restoration of appeal dismissed in default and as such the period of limitation could not be extended thereunder. Consequently he dismissed both the aforesaid…
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