Law: Limitation Act, 1908

Section: 4,12

Law: Civil Procedure Code (V of 1908)

Section: 96,115

Limitation Act (IX of 1908)--- ----Ss. 4 & 12--Civil Procedure Code (V of 1908), Ss. 96 & 115---Filing of appeal---Limitation---Certified copy of Trial Court's order dated 29-7-1991, was applied for on 30-7-1991, and same was prepared, completed and delivered on 12-8-1991---Appeal filed on 12-9-1991, could not be regarded as time ­barred for a public holiday fell on 11-9-1991, whereby last day of limitation of 30 days for the filing of appeal, got shifted to 12-9-1991 by force of the provisions of Ss. 12 and 4, Limitation Act, 1908---Appellate Court's view that appellant could file appeal even before 10-9-1991, could not be any legal consideration for throwing out appeal, for every litigant was entitled to avail to himself entire period of limitation admissible under law and could legitimately wait upto the last day thereof---Premise which prevailed with Appellate Court and reasoning employed by it for dismissal of appeal as barred by time, was wholly wrong and unsustainable---Appellate Court's finding whereby appellant's appeal was dismissed being barred by time, was set aside and case was remanded for decision afresh in accordance with law. JUDGMENT Petitioner brought an application under Section 14 of the Arbitration Act, 1940 for an award being made a rule of Court, By its order dated 29-7-1991 trial Court rejected the application. 2. Petitioner instituted an appeal on 12-9-1991 which came up before Syed Sakhi Hussain Bokhary, Additional District Judge, Gujranwala who proceeded to dismiss it on 24-9-1991 as being barred by time. But, strangely enough, he neither made the required calculation of days nor did he even indicate the period whereby the appeal was supposed by him to be barred. 3. Record of the appellate Court was sent for at the pre-admission stage hereof and perusal thereof revealed that certified copy of the trial Court's I order dated 29-7-1991 was applied for on the following day (30-7-1991) and it was prepared, completed and delivered on 12-8-1991, therefore, the appeal filed on 12-9-1991 could not anywise be held…

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