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MESSRS HAROON TEXTILE MILLS LTD versus ALLAH DITTA


The submission of a request for a tort claim to a factory inspector under the Tertiary Act 1908 Section 14 Torture cannot be said to be an appropriate remedy for the delay under section 14 under any argument.

P L D 1972 Karachi 57

Before Abdul Kadir Shaikh, C. J. and Muhammad Ali Sayeed, J

MESSRS HAROON TEXTILE MILLS LTD. Appellant‑Defendant

versus

ALLAH DITTA---Respondent‑Plaintiff

Second Appeal No. 291 of 1969, decided on 4th August 1970.

Limitation Act (IX of 1908)----

----

S. 14‑Claire in torts ‑Limita tion‑Condonation of delay‑‑Filing of application with Factory Inspector for a claim in tort‑Can by no stretch of argument be said to be a bona fide proceeding fit for condonation of delay under S. 14.

We are clearly of the opinion that the two Courts below clearly erred is law in condoning the delay arid holding the suit to tie in time.

On this view of the case, we feel it unnecessary to decide the other issues, and allow this appeal, and in result set aside the judgment and decree of bath the Courts below. Since the learned Counsel for tae appellant stated that he would not like to burden the respondent, who is a workman, with the costs of these proceedings, we make no order as to costs.

Appeal allowed.

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