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HAMEED ULLAH vs ALI ARSHAD O — 2022 CLC 340 ISLAMABAD

Case information

Citation
2022 CLC 340 ISLAMABAD
Court
Islamabad High Court
Year
2022
Reporter
CLC
Parties
HAMEED ULLAH vs ALI ARSHAD O
Subject matter
Civil
Provisions referred to
Limitation Act (IX of 1908); Limitation Act

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

HAMEED ULLAH VS ALI ARSHAD O.XXXVII, R.4---Limitation Act (IX of 1908), Arts.164 & 181---Ex parte decree, setting aside of---Limitation---Petitioner/defendant sought setting aside of ex parte judgment and decree passed by Trial Court against him---Trial Court set aside the application for the reason that it was barred by limitation---Validity---Trial Court erroneously applied provision of Art.164 of Limitation Act, 1908, in holding that application filed by petitioner / defendant was barred by limitation--- Application in essence was one under O.XXXVII, R.4, C.P.C. and Trial Court had to see whether special circumstances existed for setting aside ex parte judgment and decree---Limitation period for such application was provided in Art.181 of Sched.-I to Limitation Act, 1908---High Court set aside order passed by Trial Court and remanded the matter for decision afresh---Constitutional petition was allowed accordingly.

Other judgments reported in 2022 CLC

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