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.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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