RAHEEM GUL vs NADRA Ss — 2022 MLD 749 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 MLD 749 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: MLD
Parties: RAHEEM GUL vs NADRA Ss
Subject matter: Civil
Provisions referred to: S. 30---S; S. 42---S; S. 30; Emergency Relief Act (XXVII of 2020); Specific Relief Act (I of 1877); Limitation Act; Emergency Relief 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

RAHEEM GUL VS NADRA Ss.5 & 12---Khyber Pakhtunkhwa Epidemic Control and Emergency Relief Act (XXVII of 2020), S.30---Specific Relief Act (I of 1877), S.42---Suit for declaration---Condonation of delay---Exclusion of time in legal proceedings---Scope---Appeal of petitioner was dismissed being filed beyond the scope of period provided for filing an appeal in the Limitation Act, 1908---Contention of petitioner was that delay was because of emergency owing to Covid-19 pandemic and it was not deliberate or intentional---Validity---Submission of the petitioner constituted a sufficient reason to condone the delay particularly in view of the provisions of S. 30 of the Khyber Pakhtunkhwa Epidemic Control and Emergency Relief Act, 2020---Word 'shall' used by Legislature made it mandatory and hence, there was even no need to file a separate application for condonation of delay---Even otherwise, appeal of the petitioner was well within time and there was no delay of even a single day in filing the appeal---Appeal was remanded to the Appellate Court to decide the same on merits---Civil revision was allowed. Head Notes

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