Law:

Section:

(a) Limitation Act (IX of 1908) S.12LimitationComputation of period of summer vacationsWhere the last day for filing appeal was during summer vacations, appeal under the provisions of law could have been filed on first reopening day. (b) Limitation Act (IX of 1908) S.3Civil Procedure Code (V of 1908), S.96Constitution of Pakistan (1973), Art.185(3)AppealLimitationLower Appellate Court dismissed the appeal being timebarredRevision against judgment of Lower Appellate Court was dismissed by High CourtContention of the -Petitioner was that before dismissing the appeal being timebarred the -Petitioner was not heard­ValidityWhere the -Petitioner failed to appear and submit his case before Lower Appellate Court, he should blame himself, as vested right was created in favour of the -Respondents which could not be taken away on the ground that the -Petitioner was not heardNo infirmity with tile order passed by High Court having been found, Supreme Court declined to interfereLeave to appeal was refused. Hakim Muhammad Boota v. Habib Ahmed PLD 1995 SC 153 and Nasir Raza Jafri v. Macter Pharmacutical (Pvt.) 'Ltd. PLD 1994 SC 147 (sic) ref. ORDER DEEDAR HUSSAIN SHAH, J. -Petitioners seek leave to appeal against the order of learned High Court of Sindh Bench at Sukkur dated 278-1999 whereby Civil Revision No.32 of 1997 filed by the -Petitioners was dismissed. 2. Brief facts of the petition are that -Respondent No.5 Mst: Azizunnisa filed suit for mandatory and permanent injunction against -Respondents Nos. l to 4 and two others. As against -Respondents Nos. l to 4 as well as private -RespondentNaveed sort of Masroor, suit was dismissed due to nondeposit of process fee while remaining defendants though filed written statements did not contest the suit with the result that it was decreed in her favour. The -Petitioners preferred appeal before the District Judge, Shikarpur which was transferred to IVth Additional District Judge who without going into factual controversies dismissed the appeal as barred by limitation. The -Petitioners assailed the judgment of the Additional District Judge in Revision before the learned High Court of Sindh Bench at Sukkur, but the same was also…

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