Law:

Section:

(a) Limitation Act (IX of 1908)-----S.4---Civil Procedure Code (V of 1908), S.15---Period of limitation for filing suit expiring on a day when Presiding Officer of Court was on leave and no other officer was authorised to receive plaints---Plaintiff could exercise his right of presenting his plaint on the re-opening of the Court and such presentation would be within time. (b) West Pakistan Civil Courts Ordinance (11 of 1962)-- ----S.23---Object and scope of S.23, West Pakistan Civil Courts Ordinance, 1962---Provision of S.23 of Ordinance 11 of 1962, mentions "suspension", "temporary absence" of any Civil Judge---Absence of Civil Judge even for a day would require District Judge to empower any other Civil Judge to perform the duties of the Judge. (c) Civil Procedure Code (V of 1908)--- ----O.IV, R.1 & S.15---West Pakistan Civil Courts Ordinance (II of 1962), S.23---High Court (Lahore) Rules and Orders, Chap. 1, Part B, R.7(c)--Presentation of plaint---Civil Judge was on leave on specific date and he had not authorised any other officer of Court to receive plaints in his absence--District Judge had also not authorised any officer to receive plaints in absence of Civil Judge---Power to receive plaints could only be delegated by a specified order---Presentation of plaint to an authorised Officer would be proper presentation---Where no authorisation was made the plaint could be presented on the first day of re-opening of the Court---Provision of S.23 of Ordinance 11 of 1962, would come into effect in the event of temporary absence of a Presiding Officer ---District Judge, under R.7(c) of High Court (Lahore) Rules and Orders could make arrangements for reception of plaints and petitions by another Officer of a Court when a Presiding Officer of Subordinate Court was sent on leave---No such arrangements having been made, plaint of which period of limitation had expired during leave of Civil Judge, could be presented on the day of re-opening of Court. Nazar Muhammad v. Murad Ali PLD 1960 (W.P.) Lah. 757; Rehmat Ali v. Noor Muhammad 1981 SCMR 159 and Khuda Bakhsh v. Muhammad Ismail PLD 1978 Lah. 1049 rel. (d) Limitation Act (IX of 1908)--- ----S.4---Civil Procedure…

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