AKEEL AHMAD SHAH versus MALIK HAJI ROZAY AND 4 OTHERS (OWNERS OF SHAMLAT DEH MAUZA POI)
The cancellation of the appeal as a limitation of the XLI, R1 and Section 115 limitation of the appeals from the original decree of the CPC Act XLI, was preferred one day before the expiry date of the limitation. Because the time used to obtain copies was seven days when the appeal was preferred by the trial court 29 days after the date of the order, thus, the order to dismiss the appeal was granted, due to the error of limitation. Was sent to the trial court to proceed on a merit as per law at this stage after the trial. The trial court granted the due date against which the appeal was timely dismissed.
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