PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

OMER BIN MEHMOOD vs COURT OF IIIrd ADDITIONAL DISTRICT AND SESSIONS JUDGE SOUTH, KARACHI S — 2024 CLC 1033 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLC 1033 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLC
Parties
OMER BIN MEHMOOD vs COURT OF IIIrd ADDITIONAL DISTRICT AND SESSIONS JUDGE SOUTH, KARACHI S
Subject matter
Civil
Provisions referred to
S. 14; S. 5---A; S. 5; Limitation Act (IX of 1908); Limitation Act; Family Court 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

OMER BIN MEHMOOD VS COURT OF IIIrd ADDITIONAL DISTRICT AND SESSIONS JUDGE SOUTH, KARACHI S. 14(1)---Family Courts Rules, 1965, R.22 (1) & proviso---Limitation Act (IX of 1908), S. 5---Appeal---Condonation of delay---Application under S. 5 of Limitation Act, 1908---Maintainability---Application under S. 5 of Limitation Act, 1908 technically is not applicable to appeal maintained under R.22(1) of Family Courts Rules, 1965 read with S.14(1) of Family Court Act, 1964---When such application is placed before Appellate Court it should not be dismissed on such technical ground of having been filed under incorrect provision of law and for all intents and purposes must be treated as an application filed under the proviso to R.22(1) of Family Courts Rules and adjudicated as against the same criteria as would be applied to application under S.5 of Limitation Act, 1908, on "sufficient cause".

Other judgments reported in 2024 CLC

Back to the case-law library · Search Pakistani case law in Urdu or English