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First Rent Appeal No.168 of 1987,decided on 15th March, 1987.
---S.21 (1)--Limitation Act (IX of 1908), S.5--Time-barred rent appeal:- Maintainability of--Limitation Act, 1908, being not applicable to cent cases, High Court rejecting application for condonation of delay, dismissed rent appeal admittedly time-barred by 21 days.
Khawaja Naveed Ahmad for Appellant.
S.M. Gharib Nawaz for Respondents.
Date of hearing: 15th March, 1987.
According to office objection, this appeal is time-barred by twenty-one days. Mr. S.M. Gharib Nawaz, Advocate, who has filed power states that it is barred by twenty-four days. Khawaja Naveed Ahmed has submitted an application, explaining the reasons for delay, alongwith the affidavit and certificate of a doctor that the appellant was confined to hospital for hip joint surgery from 15-12-1986 to 15-2-1987. Firstly, section 5 of the Limitation Act is not applicable. Secondly, appeal could be filed through the Attorney, who according to Mr. S. M. Gharib Nawaz, was appearing in the rent proceedings throughout, which fact is not denied. I therefore, dismiss this appeal as time-barred.
H.B.T/S-11/K. Appeal dismissed
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