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MUHAMMAD YASEEN versus HAQ NAWAZ KHAN


Limitation Act 1908 Sections 5 and 14 Civil Procedure Code (v. 1908), Section 151 and 115 Delay of filing of wrong forum seriously took advantage of the error where the applicants were well aware that the issue was of importance. ? In addition to the district court's discretionary jurisdiction, filing a review application in the wrong forum cannot be construed as a necessary prerequisite to a great wrongdoing delay, which is to prove the fact that the delay was a mistake. , Or in circumstances that were beyond the control of the applicants where such qualifying conditions were lacking, the applicants could not claim protection of Section 5 or Section 151 of the Limitation Act, 1908, CPC Petitioners failed to prove that they were actively and honestly pursuing. In his case, after the return by the district judge, the delay in filing the review was not granted in the circumstances.

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