Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.XLI, R.1---Sindh Civil Courts Rules, 8.331---Limitation Act (IX of 1908), S. 5---Condonation of delay---Appeal against decree of Trial Court--­Certified copy of decree not filed alongwith memorandum of appeal for-decree by then, had not been prepared by the Court---Decree was, however, prepared on 12-2-1986---Appellant (defendant) filing certified copy of decree on 13-2-1986---Entitlement to condonation of delay---Copying branch was required to display list on notice board of copies which were duly prepared and ready for delivery---Copying Branch having failed to fulfil such obligation, party to ,appeal should not suffer for the default on the part of Copying Branch---Delay in filing copy of decree with memorandum of appeal was condoned in circumstances and appeal was deemed to have been filed within time. Safia Begum v. Tajuddin and 2 others 1991 SCMR 112; Bashir Ahmed Siddiqi v. Shama Feroz 1988 SCMR 892 and Muhammad Hanif v. Muhammad and others PLD 1990 SC 859 ref. (b) Transfer of Property Act (IV of 1882)--- ----S. 58---Registration Act (XVI of 1908), Ss. 17 & 49---Mortgage deed--­Evidentiary value of---Contents of mortgage deed were not in accordance with provisions of Transfer of Property Act, 1882 for such deed did not contain any clause for redemption, rather the same provided that mortgagor would execute sale deed in favour of mortgagee---Mortgage deed in addition, showed consideration to be Rs.5,000 therefore, it had to be registered under S. 17, Registration Act---Mortgage deed being unregistered document, would not create any rights in favour of mortgagee, in view of provision of S. 49, Registration Act, 1908. (c) Transfer of Property Act (IV of 1882)--- ----S. 54---Registration Act (XVI of 1908), Ss. 17 & 49---Unregistered agreement of sale of the value of more than Rs.100 would not create any right under S. 49, Registration Act, 1908 as the contents of the deed showed that it was a complete sale. (d) Pardanashin lady--- -----Surrender document (renouncing rights in inheritance) purportedly executed by two Pardanashin and ignorant ladies on 13-10-1972---Such document finding reference in the…

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