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MUHAMMAD SHARIF versus ALLAH DITTA


Section 5 and 14 Civil Procedure Code (v. 1908), Section 115 Defamation of Appeal Delay Before False Forum Decision of Appeal Deletion Revoking Appeal Memorandum After hearing of the pending trial, the court decided against the applicants. Had filed an appeal in the High Court as the High Court of the District Court, the High Court passed the order of return of the appeal on 8 2 1993, the applicants received a Memorandum of Appeal from the High Court Office on 12 4 1993. Applicants were presented to the lower appellate court on 13 4 1993 with a Do and Memo. Appeal, also filed under section 14 of the 1908 limitation, was delayed by the lower appellate court for the time being withheld because of the statutory limitations of section 14 of the applicant's limits. Failure to state any reason for delay in filing an appeal under the terms. The Act, 1908, did not apply to the appeal proceedings if the application for a delayed waiver was considered as an application under section 5 of the L. The Imitation Act, 1908, and a very gentle view that the entire period was spent in pursuing an appeal before the wrong forum, nevertheless the question remains whether the petitioner's request to withdraw the memorandum of appeal was almost two A period of months for which no explanation was offered for the purpose of late condolence under section 5 of the Act, 1908, may be given for that reason and the applicant failed to show any such reason. Stay

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