Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------S. 14---Limitation Act (IX of 1908), S.12(2)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Appeal against order of Family Court---Dismissal of appeal being time-barred---Validity---Time requisite under S.12(2), Limitation Act, 1908 would mean time spent in obtaining copies and would include both days on which application for copy was made and the day of which copy was supplied---Order of Family Court was passed on 2-1-1996--­Application for grant of certified copies was made on 30-1-1996 which- were ready for delivery on 4-2-1996 though the same were received by petitioner on 6-2-1996---Time requisite for obtaining copies would have to be excluded while computing period of limitation---Even if it was assumed that time requisite would be the time between date on which copy was applied for and when same was ready for delivery, petitioner was entitled to exclusion of 6 days which were spent upon obtaining copies---Appeal was instituted on 7-2-1996, which was 36th day, therefore, same could not be deemed to be barred by time---Appellate Court acted in excess of jurisdiction in dismissing appeal being barred by time--­Judgment and decree of Appellate Court was declared to be without lawful authority and of no legal effect---Appeal would be deemed to be pending before Appellate Court for decision afresh on merits. Balkrishna Rajaram Modi v. Baijnath Girdharilal Tiwari and others AIR 1939 Nag. 150 and Shafqat Hussain Shah v. Sakina Begum and others 1987 CLC 664 rel. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 calls in, question judgment and decree of the Additional District Judge, dated 8-2-1996 dismissing the petitioner's appeal against the decree for maintenance passed by the Family Court, Sheikhupura on 2-I-1996 as being barred by time. 2. Petitioner's learned counsel has contended that view taken by the Additional District Judge that the petitioner's appeal was not within time is based upon misreading of the record as also the law. No one has appeared on behalf of the respondents. They are proceeded against ex parte. 3. There is…

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