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1935 Supreme(All) 106

KENDALL
Syed Khurshed Ali – Appellant
Versus
Ghulam Mustafa – Respondent


ORDER

Kendall, J. - This application has arisen from a somewhat complicated set of circumstances. The present applicant filed a suit for possession of land by the demolition of a house and obtained a decree, which was upheld in the lower appellate Court and the High Court on 28th July 1931. The substance of the decree was that the opposite party would be entitled to remove the materials of the house within three months from the date of the decree, and if he failed to do so, the plaintiff was to be entitled either to remove the materials with the help of the Court or to obtain possession of the land with the materials. The opposite party was permitted to file an appeal under the Letters Patent which was dismissed on 4th August 1933, but omitted to pray for an extension of the time allowed to him by the decree of 28th March 1931, for the removal of the materials. Later on he made an application in review for extension of time, explaining that the omission had been by oversight and on 16th August 1934, the Letters Patent Bench granted three months extension of time with effect from the date of this order of 16th August 1934. In other words, the Letters Patent Bench modified its origina

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