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MUHAMMAD RAFIQ versus ABDUL HAMEED


Sindh Tenant Limitation Ordinance 1979, Section 15 (4) of the Limitation Act (IX of 1908), Sections 5 and 29 (2) and Second Appeal under Section 156 Section 15 (4), West Pakistan Civil Rent Restriction Ordinance, 1959 Filed before Section 5, Limitation Act, Section 5 of the Limitation Act, 1908, Section 29, (2) of the application made under the Limitation Act, 1908, did not apply on the second appeal before the High Court in view of the Limitation Act. According to Article 156, the Limitation Act, 1908, the second appeal in the High Court was 190 days, as provided under section 15 (4), 30 days for filing a second appeal under the West Pakistan Civil Rent Restriction Ordinance, 1959. Can be filed within 90 days. The filing of the second appeal under the Special Appeal, the West Pakistan Civil Rent Restriction Ordinance 1959, for the filing of the second appeal differs from the period prescribed by the Limitation Act, 1908, Section 5, the Limitation Act was excluded in view of Lingo. Was. Application under section 29 (2), age of limitation act, 1908, application under section 5, limitation act, 1908, therefore, shall be eligible for dismissal on such basis, section 5, limitation to excuse delay Application, was not waived under the Act. The delay, however, was dismissed with the conclusion that the second term of appeal was dismissed

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