HASSAN ALI & CO. COTTON (PVT.) LTD. vs TRADING CORPORATION OF PAKISTAN S — 2023 CLC 1805 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 CLC 1805 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: CLC
Parties: HASSAN ALI & CO. COTTON (PVT.) LTD. vs TRADING CORPORATION OF PAKISTAN S
Subject matter: Criminal
Provisions referred to: S. 3---L; S. 3---H; Limitation Act (IX of 1908)

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

HASSAN ALI & CO. COTTON (PVT.) LTD. VS TRADING CORPORATION OF PAKISTAN S. 3---Limitation Act (IX of 1908), S. 3---High Court Appeal---Limitation---Scope---Appellant filed a High Court Appeal against order dated 08-08-2016, which was numbered as 319/2016 (first appeal)---During pendency of the first appeal, the appellant filed yet another appeal against order dated 08-08-2016 (second appeal), which was numbered as 313/2016---Thereafter, first appeal was withdrawn---Office had raised objection regarding maintainability of the first appeal on the point of limitation---Record transpired that certified copy of order dated 08-08-2016 which was annexed with the first appeal was applied in the office of High Court on 16-08-2016; copy was ready for delivery on 25-08-2016, however, the appeal was filed on 17-09-2016, seemingly it was barred by two days---In second appeal, the certified copy of order dated 08-08-2016 annexed with the appeal revealed that it was applied on 16-08-2016; the copy was ready for delivery on 21-09-2016 and thereafter the appeal was filed on 06-10-2016---It appeared that the appellant had obtained another certified copy having different date of issuance and filed the second appeal---Appellant in order to bring the case within the time limit had obtained second certified copy on the same application on the basis of which he had already obtained a certified copy, which under the law he was not entitled to---Appeal was dismissed with costs.

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