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Regular Second Appeal No. 200 of 1979, decided on 13th October, 1979.
‑‑‑ S. 5 ‑ Condonation of delay‑Contention that appellant should have applied for copies of impugned judgment and decree within period of limitation so as to be entitled to condonation of delay in filing appeal‑Held : Appellant having been diligently and in good faith prosecuting her review petition before District Judge, necessity r for filing second appeal arose only on dismissal of her review petition and hence appellant not expected to have applied for copies of impugned judgment and decree before disposal of review petition.
Shah Muhammad v. Ghulam and another P L D 1970 S C 196; Abdul Waheed and others v. Abdul Khalique and others P L D 1952 Dacca 399; East & West Steamship Company v. Queensland Insurance Co. Ltd. P L D 1960 Kar. 840; Abdul Ghafour and another v. Sher Ahmad and others P L D 1961 Lah; 366; Indar Singh v. Kanshi Ram I L R 45 Cal. 94 and Pakistan Rubber Products v. Joint Secretary to the Government of Pakistan and another 1975 SCMR44ref.
---Para. 25‑Contention that suit based on tenant's superior right of pre‑emption could only be heard by Collector and jurisdiction of civil Court consequently barred‑Held: Court may not have jurisdiction to entertain suit in respect of a certain matter yet such Court competent to entertain a plea based on such matter in defence when determination of such matter necessary for decision of suit itself and such suit within its exclusive jurisdiction.
Mst. Fehmida BIN v. Mukhtar Ahmad and another P L D 1972 Lah. 694 rel.
S. M. Zamir Zaidi for Appellant.
Khan Muhammad Bajwa for Respondent.
Date of hearing : 13th October, 1979.
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