Law: Limitation Act, 1908

Section: 5

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Civil Procedure Code (V of 1908)

Section: 115

Limitation Act (IX of 1908)--- ----S.5--Civil Procedure Code (V of 1908), S-115 --- Constitution of Pakistan (1973), Art.185(3)---Condonation of delay---Sufficient cause--­Revision petition was delayed by 29 days---Reason advanced for the delay was that the file containing the papers of revision petition slipped somewhere from the motor cycle of the counsel of the petitioner when he was coming to file the petition in the High Court but the same though supported by affidavit was not accepted by High Court and the revision petition was dismissed as time barred---Contention of the petitioner was that sufficient ground had been, shown for condonation of delay and affidavit of the counsel of the petitioner should have been accepted by High Court---Validity---Very vague plea was taken in the affidavit of the counsel before High Court without any dates and other details of slipping away of the file and then recovery of the same---Supreme Court declined to interfere with the passed by High Court in exercise of revisional jurisdiction---Leave to appeal was refused. JUDGMENT NASIR ASLAM ZAHID, J.---This petition for leave has been filed by petitioner Wahid Hussain against the order dated 7-12-1995 of the Sindh High Court dismissing petitioner's revision application as barred by time. Suit filed by respondent No.1 Syed Muhammad Asif/plaintiff for specific performance of contract in respect of the disputed property against the petitioner/defendant was decreed by the Civil Court acid his appeal was dismissed by the Appellate Court. Being aggrieved, the petitioner filed a revision application before the High Court which has been dismissed as time-barred by the impugned order dated 7-12-1995 of the High Court. We have heard Mr. Akhlaq Ahmed Siddiqui, learned Advocate Supreme Court for the petitioner. 2. In all there is a delay of 29 days in the filing of the revision application. An application for condonation of delay under section 5 of the Limitation Act, 1908 was filed alongwith the Revision application before the High Court. The application was supported by the affidavit of Mr. Muhammad Iqbal Aqeel, Advocate appearing for the petitioner. The entire case for condonation of…

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