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Regular Second Appeal No 33 of 1976 (Civil Miscellaneous 6543‑C of 1980), decided on 4th March, 1.981.
‑‑‑‑ S. 100 and O. XLII, r. 2‑Appeal‑Copy of judgment filed with appeal after expiry of limitation‑Appeal, held, incompetent being time barred.‑[Appeal (civil)‑‑Judgment].
Molu Mal v. Sri Ram and others A I R 1921 Lah. 73; Kala v. Allah Dad P L D 1977 Lab. 376 and Akbar Khan v. Muhammad Razzaq P L D 1979 S C 830 ref.
‑‑ S. 100 and Limitation Act (IX of 1908). S. 5‑Appeal may be admitted after period of limitation prescribed therefor when appellant satisfies Court that he had sufficient cause for not preferring appeal within such period.‑[Appeal (civil)].
-----S. 5‑"Sufficient cause"‑Means circumstances beyond control of party concerned.‑[Words and phrases].
------S. 110 and Limitation Act (IX of 1908), S. 5‑Appeal filed without copy of judgment which applied for after expiry of limitation‑Delay unexplained ‑ No explanation also given for not making up court‑fee ‑ No case, held, made out for condonation of delay Appeal dismissed as barred by time.‑[Appeal (civil)‑Judgment Court‑fee].
Muhammad Hussain Jafri for Appellant.
Zafar Iqbal Khan for Respondent.
Date of hearing: 1st March, 1981.
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