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ATTIQUE KALEEM versus GHIAS-UD-DIN


A IX, Rr 4, 13 and Section 115 Limitation Act (IX of 1908), Section 5 and Article 181 Ex-Orders, Delaying the Applicant's Request for Limitations to Separate the Prior Order Was removed due to a request for. Submitting the process fee, the applicant filed another petition under O IX, R 4, to recover his earlier application, which was filed to keep the former party decree separate. The trial court had postponed the hearing that the appeal was time-barred and the appeal against the order was also dismissed. There is no justification of any kind in setting the time limit for filing such an application in the Limitation 1908, therefore, Article 181 of the Limitation Act 1908 was implemented which was three years for filing the application under O IX, R 4. The CPC is also entitled to file a fresh case under Petitioner O IX, R 4, although the applicant was negligent in pursuing the case but the earlier application for his recovery request. The transfer cannot be excluded. The High Court has allowed the petitioner's application to be filed under O IX, R 4, under the CPC Court Act, 1908. S Department will determine OI, R 13, C PC application with the applicants filed under 5.

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