Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 15

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---S. 15---Appeal to High Court---Limitation---Appeals filed by appellants under S.15 of West Pakistan Urban Rent Restriction Ordinance, 1959 were dismissed on the ground that those were filed beyond period of thirty days provided for filing of appeals---Period of thirty days prescribed for filing of appeal expired on the Ist of May which was a holiday and next day was Sunday---Appeal filed on the first opening day of the court after the expiry of thirty days, would be within time--Appeals filed on the first opening day being within time, High Court was not justified to dismiss them on ground of limitation---Impugned s of the High Court were set aside and cases were remanded to the High Court to be decided on merits after allowing opportunity of hearing to both the parties. ORDER SAIYED SAEED ASHHAD, J.--- These appeals with leave of the Court assail the judgment of Lahore High Court, Multan Bench, Multan, dated 27-2-2003 in S.A.Os. Nos.76 to 79 of 1979. By the A aforesaid judgment the appeals filed by the appellant under section 15 of the Rent Restriction Ordinance, 1959 (hereinafter referred to as the "Ordinance") were dismissed on the ground that they were filed beyond the period of thirty days provided for filing of appeals. 2. We have heard the arguments of Mr. Zahid Hussain Khan learned counsel for the appellant. Respondents have been called absent. Neither any request nor any application for adjournment or intimation of their absence has been received by this Court. Therefore, the appeals against the respondents are heard in their absence and are to be decided ex parte. 3. Mr. Zahid Hussain Khan, learned counsel for the appellant submitted that the High Court had erred in calculating the period of limitation of thirty days for filing the appeal under section 15 of the Ordinance and concluding that the thirty days expired on 1st of May, 1999 but as a matter of fact the 30th Day for filing of the appeal was 2nd of May, 1999. He, however, submitted that even if be assumed without conceding that the period of thirty days expired on 1st of May, the appeal could have been validly filed on 3rd of May as…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492