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Second Appeal from Original Order No. 65 of 1972, decided on 25th June, 1979.
‑‑‑ S. 13(6) ‑ Defence, striking off ‑ Contention that tenants normally misconstrue direction for deposit of rent treating order for deposit by 15th‑Held, taking of such plea now too late in the day Such question resolved by judicial precedents about ten years ago Duty of counsel to inform client about provisions of S. 13(6)‑[Visumal Chatumal Khilnani v. Ali Bakhsh and others P L D 1978 Kar. 521 and Sarfraz Khan v. Muhammad Abdul Rauf P L D 1969 Kar. 176 held not applicable]‑[Counsel and client].
Visumal Chatumal Khilnani v. Ali Bakhsh and others P L D 1968 Kar. 521 and Sarfraz Khan v. Mohammad Abdul Rauf P L D 1969 Kar. 176 held not applicable.
‑‑ S. 13(6)‑Defence, striking off‑Appellant filing reply to application under S. 13(6) changing grounds before Rent Controller and District Judge‑‑Held, not possible to believe contention of appellant in circumstances of case.
‑‑ S. 15 (4). Civil Procedure Code (V of 1908) and Limitation Act (IX of 1908), S. 5‑Second appeal‑Appeal filed without certified copy of order of Rent Controller‑‑‑Such copy not filed within period of limitation nor application under S. 5, Limitation Act filed‑Appeal, held, barred by time in circumstances of case.
Jariullah Khan for Appellant.
Ehsanul Haq Chaudhry for Respondent.
Date of hearing : 25th June, 1979.
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