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MESSRS EMIRATES AIRLINES versus DR. PROF. HAROON AHMED


Section 5 and 12 Sindh Civil Courts Rules (O Section), R 162 Sindh Chief Court Rules, R185 High Court Appeal Limited Delays Case pending before the High Authority The case for damages and compensation was filed before the High Court. , Copies of the original civil jurisdiction, which was ruled in favor of the plaintiff's decision and the decree against the defendant was granted on 3-4 2004, the application for a certified copy of the judgment was filed on 4 and 2004. And delivered to the appellant on 17 4 2004. Appeal was filed on 8th 2004. Defendant also filed an appeal for contempt of delay along with the appeal, on the basis that under the R162 of the Sindh Civil Court Rules (O), the order was signed. But the matter was under consideration by a higher authority before a review judge. Section), like the Rule 185 of the Sindh Chief Court, under his signature he also wrote the date, month and year on which his signature was in fact signed. Accordingly, from the date of signing of the decree, the defendant failed to provide any explanation for the purpose of limitation proceedings against the defendant, failing to file an appeal within the stipulated period after obtaining a certified copy of the judgment and decree. Besides, the matter was only being considered before the respondent's higher authority because the matter was pending before the higher authority, there was no valid basis for extension of the limitation period. The High Court refused to delay the appeal. While dismissing the appeal

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