Law:

Section:

Supreme Court Roles, 1956 ----O. X, r. 6 Decree, preparation of Notice Bill of costs No application required for preparation of decree after deletion of r. 6 Bill of costs not capable of being filed before preparation of decree and notice of preparation of decree having to be given to parties concerned but no such notice given to petitioner, delay in filing bill of costs condoned Limitation Act (IX of .1908), S. 5. ORDER DORAB PATEL, J. The respondent filed a bill of costs which was rejected by the office as time barred, therefore, the case has been placed before me and I have heard both Mr. Abbas on behalf of the respondent/petitioner and Mr. Ali Akbar on behalf of the appellant. The appellant's appeal was dismissed with costs by this Court on 18 9 1974, the respondent petitioner immediately applied for copies of the judgment and decree which he received on 12 9 1975. He filed his bill of costs ten days later, but as the judgment awarding costs had been pronounced a year earlier, Mr. Ali Akhtar vehemently opposed the application for costs on the ground that this application was time barred. That also appears to be the view of the office, and the burden of explaining the delay is on Mr. Abbas. Mr. Abbas's explanation is that he could not file bill of costs until the decree had been prepared. This is correct, but as the decree was prepared on 6 12 1974 Mr. Abbas had to explain the delay of more than a year and he said that he had immediately applied for certified copies of the judgment and decree, but that the office had delayed supplying copies till 12 9 1975, therefore, he had shown sufficient cause under section S of the Limitation Act for the period between the date of the judgment and the date on which he was supplied copies of the judgment and decree. Mr. Ali Akbar submitted that Mr. Abbas had been negligent in not collecting certified copies of the judgment and decree and that in view of the deletion of rule 6 of Order X of the Rules of this Court, the time…

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