Case Details

Citation(s)
1996 SLG 1423 1996 SLD 1423 1996 PLD 702
Lahore High Court
Regular First Appeal No. 16 of 1994, decided on 11th July, 1996
IHSAN €“UL-HAQ CHAUDHRY
Ch. Rashid Ahmad for Appellant. Sh. KhalilurRehman for
Respondents Nos. 1 and 2. Nemo for
Respondents Nos. 3 and 4.

NAHEED AHMAD

VS

ASIF RIAZ and 3 others Respondnets

Law:

Section:

(a) Civil Procedure Code (V of 1"8)--- ---- 0. XLI, R.3, O.XLII, R.1 & S.96 --- High Court Lahore Rules and Orders, Vol. V, Chap 1, R. 4 --- Memorandum of appeal --- Objections or matters connected therewith --- Return of Memorandum to appellant --- Removal of objections --- Procedure --- While in first appeal, time for removing objection or matter connected therewith is to be fixed by Court, same duty is enjoined on and performed by Deputy Registrar of High Court in relation to second appeal--­Time fixed by Office under overall supervision of Deputy Registrar of High Court is to be strictly adhered to for limitation in filing appeal having begun to run cannot be stopped or supplemented by acts of commission or omission of appellant unless it was case of disability as envisaged under law --- Period of time taken beyond the time specified by Office would neither be excluded nor added to limitation while computing limitation for filing appeal and if in the meanwhile appeal had become time-barred, only course open to appellant would be to apply for condonation of delay by furnishing explanation therefor --- Where appeal was returned for removing objections on 24-3-1992 and such objections were to be removed within one week, but same were removed on 10-1-1994, delay was not only palpable but also contumacious---Time for filing appeal having expired, appellant was required to explain delay of each day --- Appellant, however, did not even care to file application for condonation of delay and exhibited very casual attitude in regard to serious objections of limitation which could not be blessed with discretion of Court --- Delay was not condoned in filing appeal, therefore, same was dismissed as barred by limitation.-­[Limitation]. Manzoor Hussain and others v. Sajawal and others 1983 SCMR 465; Ghulain Hussain and others V. Bahadur and others PLD 1954 Lah. 361; Syed Manzoor Hussain Ghazi v. Syed Ejaz Hussain Shah, Settlement Commissioner, Lahore Division, Lahore PLD 1972 Lah. 743; Sultan Muhammad v. Muhammad Ashraf and 4 others 1991 CLC 269; F.A.0. No.231 of 1991 and Muhammad Ahmad v. Muhammad Ali and others PLD 1996 Lah. 158 ref. (b)Qanun-e-Shahadat (10 of…
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