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DEFENCE HOUSING AUTHORITY versus MUHAMMAD SHAFI


Appeal for Delay in Filing Appeal 5 Without Appeal Court's Appeal Without Appeal Court's Appeal Court's Appeal to Appeal Under Section 5 of the Limitation Act, 1908, against the order of the trial court Has filed an appeal stating that for good reason, the appellate court, without any decision, had filed an appeal on the occasion of appellate court's permission to appeal under section 5 of the Act, 1908, the appellate court Appealing to the delay, the appeal cannot be filed without the decision being made. The question of limitation of the appeal, which was held on time, was not merely technical. The appellate court should have first decided the application under section 5 of the Act, 1908. The second appeal was accepted, the order was set aside by the unknown appellate court and the matter was remanded to the appellate court. The court will decide the appeal after delivering its findings on the application under section 5 of the Act, 1908.

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