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1989 CLC 1033 KARACHI-HIGH-COURT-SINDH

Sindh · 1989

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ZAKARIA VS PERVEEN ALI HAMID Limitation Act 1908--10 , Limitation Act 1908--11 , Limitation Act 1908--13 , Limitation Act 1908--14 , Limitation Act 1908--15 , Limitation Act 1908--16 , Limitation Act 1908--17 , Limitation Act 1908--18 , Limitation Act 1908--22 , Limitation Act 1908--29 , Limitation Act 1908--5 , Limitation Act 1908--9 , S.21--Limitation Act (IX of 1908), Ss.4, 5, 9 to 18, 22 & 29(2)-Special or local law providing for a period different from the period prescribed by provisions of Limitation Act--Effect--If eviction order was passed on 15th May, 1988, time for filing appeal would expire on 14th of June, 1988--Application for copies of order was made on 10th July, 1988--Rent Controller's Court remained closed from Ist June to 30th June while High Court was closed from 1st June to 2nd August-Appellants were entitled by provisions of S.4, Limitation Act to present their appeals on the day when the High Court re-opened i.e. on 3rd August, 1988--Period of limitation, however, did not stand extended up to 3rd August, 1988--Time spent in obtaining copies of orders impugned in appeal could only be excluded under S.12 of Limitation Act, if application for the copy had been made before the expiry of period of limitation and not after expiry of that period--