MESSRS THE ASIATIC INDUSTRIES LTD., KARACHI vs ZAHID ALI — 1967 PLD 537

Citation: 1967 PLD 537

Court: Sindh High Court

Year: 1969

Decision Date: 1969-08-21

Parties: MESSRS THE ASIATIC INDUSTRIES LTD., KARACHI vs ZAHID ALI

Headnotes

Case cited as PLD 1967 Kar. 537

Judgment Text

Court Name: Sindh High Court Judge(s): Qadeer-ud-Din Ahmad, Muhammad Haleem Title: MESSRS THE ASIATIC INDUSTRIES LTD., KARACHI vs ZAHID ALI Case No.: Letters Patent Appeal No. 122 of 1969 Date of Judgment:1969-08-21 Reported As: PLD 1972 Karachi 84 Result: Appeal dismissed JUDGMENT JUDGMENT QADEERUDDIN AHMAD, J.-The Office has pointed out that the appeal has not been filed within 20 days from the date of the judgment, even after excluding the time spent in obtaining the copy of the judgment. Counsel for the appellant does not agree, with the view of the Office, and has contended that the time spent in obtaining a copy of the decree should also be excluded. He has based this argument on the, language, of Article 151 of the Limitation Act, and tried to find support from a Division Bench Judgment of this Court in Karachi Municipal Corporation v. Messrs Karimi & Co. (PLD 1967 Kar. 537) and a judgment of the Supreme Court in the Government of West Pakistan and others v. Niaz Muhammad (PLD 1967 SC 271). The judgment of the Supreme Court was delivered with reference to Article 156 of the Limitation Act read with section 12 of that Act, Order XXII, rule 7, and Order XLI, rule 1, C. P. C. And rule 185 of the Sind Civil Courts Rules. Article 156 of the Limitation Act is as follows: The appeal now before me is prima facie an appeal under clause 10 of the High Court of Judicature at Lahore, and, therefore, it is not governed by Article 156 of the Limitation Act. Mr. Mahmoodi has tried…

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