Saturday, 4 August 2012

Order 44 Rule 1 of CPC is subjected to Limitation


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




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.

No comments:

Post a Comment

Contact International Lawyer

If you have any queries related with this post you can contact at internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan
Chairperson
International Lawyer
+92-333-5339880