118/2013 II.A. M/S INTERFLEW COMMUNICATION PVT (Appellant) V/S AAMIR ALI S/O BAKHSH ALI (Respondent)
Bench: Hon'ble Mr. Justice Nazar Akbar(Author)
118/2013 II.A. M/S INTERFLEW COMMUNICATION PVT (Appellant) V/S AAMIR ALI S/O BAKHSH ALI (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar(Author) Order Date: 20-FEB-20
Civil Procedure Code (V of 1908)--- ----O. VII, R. 2 & S. 100---Money suit---Second appeal---Limitation---Court fee fixed after period of limitation---Effect---Defendant did not appear for cross-examination and his affidavit-in-evidence was discarded and suit was decreed---Validity---Defendant had not produced any witness to discharge his burden---Courts below had decreed the suit on the basis of unimpeachable evidence of plaintiff---No mis-reading or non-reading of evidence had been pointed out in the impugned judgments and decrees passed by the Courts below---Defendant had paid court fee after one year and nine months of filing of present appeal, which was time barred---Defendant was guilty of contumacy and had no respect to the authority of law---Valuable right of limitation having accrued in favour of plaintiff, second appeal was dismissed. Hassan Bakhsh and others v. Syed Afzal Shah and others 1974 SCMR 364; Allah Yar v. Muhammad Riaz and others PLD 1981 SC 489 and Assistant Commissioner and Land Acquisition Collector, Badin v. Haji Abdul Shakoor and others 1997 SCMR 919 rel.