| Citation(s) |
|---|
| 1996 SLG 1343 1996 SLD 1343 = 1996 PLD 158 |
Lahore High Court
Regular Second Appeal No. 985 of 1976, decided on 20thDecember, 1995
LHSAN-UL-HAQ CHAUDHRY, J
Ch. Nabi Ahmad Cheema for Petitioner.Iftikhar Ullah Malik for
Respondents.
Regular Second Appeal No. 985 of 1976, decided on 20thDecember, 1995
LHSAN-UL-HAQ CHAUDHRY, J
Ch. Nabi Ahmad Cheema for Petitioner.Iftikhar Ullah Malik for
Respondents.
MUHAMMAD AHMAD --AppellantvsMUHAMMAD ALI and another --Respondents
Law: Civil Procedure Code (V of 1908)
Section: XLI, R. 3,0. VII, R. 11
Law: High Court (Lahore) Rules, and Orders
Section: Chap 1, RA
Law: Limitation Act (IX of 1908)
Section: 4 & 12
Law: Punjab Pre-emption Act (I of 1913)
Section: 15
Law: Land Reforms Regulation, 1972
Section: paras. 25 & 24(d)
(a) Civil Procedure Code (V of 1908)------ 0. XLI, R. 3 --- High Court (Lahore) Rules and Orders, Vol.V, Chap 1, RA --- Limitation Act (IX of 1908), Ss.4 & 12 --- Limitation --- Computation of period --- Refiling of appeal after removal of objection --- Essentials --- Time required for removal of objection should be adhered to and failure to re-file appeal, revision, application, as directed by office would become time-barred for time required for removal of objection would not be excluded while computing period of limitation under Limitation Act, 1908, but the same is to be granted under RA, Chap.1, High Court Rules and Orders, Vol.V and OXLI, R3, C.P.C.---Where appeal was filed in High Court on 22-11-1976 and same was returned by the office with certain objections and appellant was allowed, seven days' time to remove those objections and refile appeal which could be filed up to 5th December, 1976 on account of Eid holidays from 2nd to 4th December, 1976; but 5th December being weekly holiday same was filed on 6-12-1976 and was thus, within time.Abdul Ghafoor v. Muhammad Ismail PLD 1982 SC 364; Abdiil Majid v. Tora Baz Khan PLD 1975 Lah. 628; Allah Bux v. Muhammad Riaz PLD 1974 Lah. 268; Ghulam Mehr v. Chief Land Commissioner, Punjab, Lahore PLD 1974 Lah. 520; Sajwara and others v. Federal Government of Pakistan PLD 1989 FSC 80; Haji Muhammad Anwar v. Government of Pakistan 1994 SCMR 899; Ghulam, Hussain v. Bahadur PLD 1954 Lah. 361; Messrs Mian Brothers v..Suleman 1989 CLC 494; Rozi Khan v. Syed Karim Shah 1992 SCMR 445; In re: Venkatanarasimha AIR 1933 Mad. 358 and Amir Hussain Shah v. Umra and 11 others 1986 SCMR 800 ref.(b) Punjab Pre-emption Act (I of 1913)---S. 15 --- Effect of of Supreme Court in Said Kamal Shah's case PLD 1986 SC 360 --- Decrees passed up to 31-7-1986 were saved from the operation of the of Said Kamal Shah's case --- Where appeal was pending and during pendency of appeal, provisions of Punjab Pre-emption Act, 1913 were declared to be against the Injunctions of Islam, such appeal was saved and had to be decided in accordance with provisions of repealed Act viz. Punjab Pre-emption Act, 1913Haji Rana Muhammad Shabbir Ahmad Khan v.…