GUL SAHIB KHAN vs ABDUL RASHID KHAN S — 2022 CLC 308 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 CLC 308 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: CLC
Parties: GUL SAHIB KHAN vs ABDUL RASHID KHAN S
Subject matter: Civil
Provisions referred to: S. 12---G; S. 9---L; General Clauses Act (X of 1897)

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

GUL SAHIB KHAN VS ABDUL RASHID KHAN S.12---General Clauses Act (X of 1897), S.9---Limitation, commencement/termination of---Exclusion of time in legal proceedings---Suit for possession---Revenue hierarchy---Ex-parte decree was passed vide order dated 17/07/2019---Petitioners/defendants had filed appeal on 19/08/2019, which was dismissed on ground of being barred by time---Held, that in all forums of revenue hierarchy time for filing of appeal was either overlooked or not properly calculated, which prima facie was filed on 30th day and as such the appeal of the petitioners was well within time---Petitioners were entitled for adjudication / decision of their appeal on merits----Constitutional petition was allowed accordingly. Head Notes

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