AHMED JEE vs AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR — 1959 PLD 55

Citation: 1959 PLD 55

Court: High Court of Azad Jammu and Kashmir

Year: 1970

Decision Date: 1970-12-10

Parties: AHMED JEE vs AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR

Headnotes

Case cited as PLD 1959 Azad J & K 55

Judgment Text

Court Name: High Court of Azad Jammu and Kashmir Judge(s): Khawaja Muhammad Sharif, Chaudhry Rahim Dad Khan Title: AHMED JEE vs AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR Case No.: Civil Appeal No, 13 of 1969 Date of Judgment:1970-12-10 Reported As: PLD 1971 Azad J & K 30 Result: Appeal dismissed Judgment ORDER MUHAMMAD SHARIF, C. J.--This is an appeal against the judgment and decree of the Sub-Judge, Muzaffarabad, dated 31-12-68. The jurisdictional value in the suit was Rs, 4,000. The appellant filed his appeal in the Court of the District Judge, Muzaffarabad, on 22-1-1969 which was ordered to be returned on 9-4-69 for presentation before the proper Court. The appellant filed the same memorandum in the High Court on 8-5-69 alongwith an application showing that the memorandum of appeal had been received back from the Court of the District Judge, Muzaffarabad, on yesterday and that since the appeal has been held to be cognizable by the High Court, he is presenting the appeal in the High Court. The learned Advocate-General has taken a preliminary objection that the appeal is beyond time and that no exemption having been claimed by the appellant the appeal should be dismissed as time-barred. Learned counsel for the appellant claims the benefit of section 14 showing that he had been bona fide litigating in a wrong Court and that the time spent in the Court of the District Judge should be excluded and his appeal should be treated as within time. He has cited PLD 1960…

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