Money suit—Second appeal—Limitation—Court fee

2020 C L C Note 33   [Sindh]

—-O. VII, R. 2 & S. 100—Money suit—Second appeal—Limitation—Court fee fixed after period of limitation—Effect—Defendant did not appear for crossexamination 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.

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