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ALLAH DINO versus MUHAMAMD SHAH


The High Court upheld the provisions of the Revised Code of Conduct 1908, Section 115 Limitation Act (IX of 1908), Article 5 and 29 Constitution of Pakistan (1973), Article 185 (3) Section 5, Amendment Act, 1908. Prohibited and delayed were not condoned The High Court refused to deny the delay for the reason that the unlimited law act on proceedings under Section 115, CPC, under section 29 (2) of the Act. The 1908 provisions did not apply. Where the validity of the Limitation Act, 1908, where the duration of the execution of the Constitution was not determined, the proceedings established under it shall be governed by the Constitutional Law Act 1908, where the law under which the proceedings commenced. Had set itself a period. As such, the benefits of section 5 of the Limitation Act, 1908, under section 115, CPC, cannot be obtained unless it is applicable in accordance with section 29 (2) of the limitation. The High Court's decision on the interpretation of section 5 of section 115 (2) of the Act, 1908 Limitation Act, 1908, was denied on leave of appeal for CPC.

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