Law: Limitation Act, 1908

Section: 12(2),(5),12,12(1)

Law: Sindh Chief Court Rules (O.S.)

Section: 56

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Civil Procedure Code (V of 1908)

Section: 115(1)

(a) Limitation Act (IX of 1908)---- ----S. 12(2) & (5) [as added by Limitation (Amendment) Act (XIII of 1991)]---Exclusion of time requisite for obtaining attested copies of ---Notice by Copyist Branch, non-issuance of---Application for obtaining certified copy of dated 19-10-2001, was submitted on 22-10-2001, whereas the same was certified on 11-12-2001---Office, of the Copyist Branch did not issue notice to petitioner for collecting the certified copy of the for a particular date in terms of S.12(5) of Limitation Act, 1908---Calculating time from the date of certification of the copy i.e. 11-12-2001, the petition submitted on 12-1-2002 was within time in circumstances. (b) Civil Procedure Code (V of 1908)--- ----S. 115(1), second proviso [as added by Code of Civil Procedure (Amendment) Act (VI of 1992)]---Limitation Act (IX of 1908), S.12---Sindh Chief Court Rules (O.S.), R.56---Constitution of Pakistan (1973), Art.185(3)---Revision---Limitation---Excluding time requisite for obtaining certified copies---Period of 90 days, calculation of---Revision petition was filed in High Court by calculating period of 90 days after excluding the time spent for obtaining certified copies of and decree and other documents---High Court dismissed the revision being time-barred for the reason that same was filed in violation of second proviso to S:115(1), C.P.C.---Contentions of the petitioner were that unless certified copies of pleadings and orders of subordinate Courts were obtained, the same could not be appended with the petition, as such the time spent in obtaining their certified copies would be, excluded in computing the period of limitation under S.12 of Limitation Act, 1908; proceedings under S.-115fC.P.C. were instituted in the form of revision application and such application was covered under S.12(1) of Limitation Act, 1908, for the purpose of computing the limitation period; period of limitation of 90 days had been provided by S.115(1), C.P.C. [as added by Code of Civil Procedure (Amendment) Act (VI of 1992)] but prior to it, as per R 56 of Sindh Chief Court Rules (O.S.) the period of 90 days was provided for filing of revision application exclusive of time…

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