Limitation has its extent over code of civil procedure 1908. This judgement is relevant to one rule of an appealable order of code of civil procedure 1908.
Citation Name : 1952 PLD 156 LAHORE-HIGH-COURT-LAHORE |
Side Appellant : MUHAMMAD GHAZANFAR |
Side Opponent : MST. NUR BASAR |
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Limitation
Act 1908 ----S. 5-Applies to application under O. 44, R. 1, The
language of section 5 of the Limitation Act shows clearly that the
intention of the Legislature was that applications of the present kind
(i.e., to be all owed
to appeal as a pauper) could be admitted after the period of limitation
had expired if the conditions required by section 5 of the Limitation
Act were fulfilled. Section 5 of the Limitation Act was applied by all the High Courts in British india before
its partition to applications under Order 45 of the Code of Civil
Procedure for leave to appeal to the Judicial Committee of the Privy
Council, and there is no reason why it should not apply to applications
under Order 44, Rule 1 of the Code of Civil Procedure. |
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