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Malik MUHAMMAD ZAHID vs FIDA MUHAMMAD S — 2022 PLD 138 PESHAWAR-HIGH-COURT

Case information

Citation
2022 PLD 138 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
PLD
Parties
Malik MUHAMMAD ZAHID vs FIDA MUHAMMAD S
Subject matter
Civil
Provisions referred to
S. 12; S. 5; 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

Malik MUHAMMAD ZAHID VS FIDA MUHAMMAD S. 12(2)---Limitation Act (IX of 1908), S. 5 & Art. 181---Bar to further suit---Limitation---Condonation of delay---Scope---Petitioner assailed the concurrent dismissal of his application under S. 12(2), C.P.C.---Validity---Claim of petitioner of being owner of 50 Marla in the property measuring 68 Marla would not be decided by the Rent Controller rather, the Rent Controller could not enter into the sphere of title---Simple matter, before the Rent Controller, was that the tenant had defaulted in payment of rent, against whom, a decree for ejectment was passed and executed---Application under S. 12(2), C.P.C. was filed after more than 8 years from the date of decree and after more than 7 years from the date of knowledge, therefore, the same was time barred---Petitioner had submitted an application under S. 5 of Limitation Act, 1908, but grounds taken therein were that the order passed in rent application was nullity in the eyes of law, as such, no limitation ran against filing of application under S. 12(2), C.P.C.---Whereas in any such application one who sought condonation of delay was required to explain the delay of each and every day but no such exercise was done by the petitioner---No illegality or jurisdictional defect in the impugned orders was pointed out---Constitutional petition was dismissed. Head Notes

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