Mst. SADDIQUNNISA-Paintiff vs Khan Sahib Agha MUHAMMAD SULTAN MIRZA — 1972 PLD 103

Citation: 1972 PLD 103

Court: Sindh High Court

Year: 1971

Decision Date: 1971-12-31

Parties: Mst. SADDIQUNNISA-Paintiff vs Khan Sahib Agha MUHAMMAD SULTAN MIRZA JUDGMENT

Headnotes

Case cited as PLD 1972 Karachi 103

Judgment Text

Court Name: Sindh High Court Judge(s): Qadeer-ud-Din Ahmad, Muhammad Fazle Ghani Khan Title:Mst. SADDIQUNNISA-Paintiff vs Khan Sahib Agha MUHAMMAD SULTAN MIRZA JUDGMENT Reported As: PLD 1972 Karachi 103 Result: Appeal dismissed Judgment JUDGMENT QADEERUDDIN AHMAD, J.-Mr. S. M. Hassan has raised a preliminary objection that the appeal is barred by time. In support of this objection ha has stated that this appeal was filed to question the judgment and decree of a Single Judge of this Court dated the 16th of April 1964. By that judgment the learned Single Judge had dismissed the suit of the present appellant for the specific performance of a contract to sell immovable property of the value of Rs. 66,000.00. As an alternative to the claim of specific performance a claim for the recover, of Rs. 33,000.00 as damages was also made in that suit. 2. After the dismissal of the suit the appellant filed the present appeal on the 19th of May 1964, stating in it that it was within time and paying a court-fees of Rs. 4.00 on it. The office raised an objection that the appeal was not within time. Where--upon, after more than three months of filing the appeal, an application was made on the 31st of August 1964, for condonation of delay. Counsel for the parties agreed today that the appeal was out of time for 5 days when it was presented. 3. In addition to the objection about limitation, the office also objected to the amount of the court- fees with the result that counsel for the appellant…

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