AKHTAR HUSSAIN vs MUHAMMAD JAMAL arts — 2022 CLC 2007 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 CLC 2007 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: CLC
Parties: AKHTAR HUSSAIN vs MUHAMMAD JAMAL arts
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

AKHTAR HUSSAIN VS MUHAMMAD JAMAL arts.168 & 181---appeal, restoration of---Residuary limitation period---Dismissal of petitioner's application for restoration of appeal---application for restoration of earlier application was also dismissed being barred by time---Validity---Subsequent application was not an application for restoration of appeal rather the same was for restoration of an application for restoration of appeal---Provision of law under which the same was to be filed was not mentioned---Dismissal order did not show any provision of Limitation act, 1908, under which the same was barred by time and what limitation was provided for filing the same---Residuary art. 181 of Limitation act, 1908, would be applicable in circumstances which provided period of 3 years for filing such applications for which no specific limitation was provided---Observation of Court in impugned order was not spelt out from record and the same was not in accordance with law---Earlier application was dismissed on ground that petitioner did not appear to be serous in pursuing his remedy---Court without giving any reason observed that application despite being barred by limitation was also devoid of sufficient grounds for restoration of application---Impugned order being vague/non-speaking order could not be sustained---Revision petition was allowed and petitioner's application for restoration of appeal was deemed to be pending before the appellate Court.

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