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SYED JAMIL HASSAN versus SYED MOAZAM ALI


Section 100, 104, O XLI, R 19 and O XLIII R 1 (t) Limitation Act (IX of 1908), Article 156 Application for re-entry of appeal Appeals dismissed for non-prosecution and thereafter Second appeal to be filed under section 104, CPC, read with AXLIII, R1 (t), AXLIII, R1 (t), against order under CPC provisions, section 104, c. To file an appeal under the PC, a 30-day CPC care threshold was provided. Under section 100, the CPC was not available to the appellant because none of the grounds mentioned in it would apply to his case. Appellant neglected to file an appeal under the appellate court for a period of 90 days before the appellant's lower term. Actually, the limitation for filing an appeal was provided under Article 156 of 1908. Section 100, CPC Existing appeal was time-barred, even if the change and appeal is considered under section 104, the CPC High Court dismissed the appeal in the circumstances.

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