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STATE THROUGH ADVOCATE-GENERAL, SINDH versus MUHAMMAD ASGHAR


Limitation Act 1908 Section 5 Civil Procedure Code (v. 1908), Section 115 Delay End Trial Trial Against Metropolitan Corporation Trial by Government Officials Preventing Delay in Processing Case On 30 4, 2001, the corporation Has previously filed an appeal. Decision and Decree against the Corporation On 23 2001 10 2001, the appellate court applied for certified copies six days after the judgment and decree was passed by the trial court, which estimated the fee for certified copies approximately 67 days later. Was submitted and submitted the same day but copies were found on 22 8 2001. The appeal was delayed by 67 days and the corporation filed a petition under section 5 of the Limitation Act 1908 for contempt of delay, was allowed by the appellate court and the delay in filing the appeal was suspended. ? Failed to elaborate on the record about the period, which was used to calculate the fee as well as to submit the application for certification, disqualifying the practice of government departments after six days of ad copy. The delay in filing appeals or applications in extraordinary matters should not be lightly waived for the sake of taking matters related to the court, which could not have been due to the party. Except for very important reasons, allowing government departments to waive this rule may have been driven by government offices and appeals were not deliberately and deliberately filed, though they had every opportunity. To perform; their duty under the jurisdiction of the review under section 115 is the High Court

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