Law:

Section:

Limitation Act (IX of 1908)--- ----S. 5 &, Art. 152---Appeal to District Judge---Delay of one day, application for condonation of---Appeal ought to have been filed on 24-12-2007 being its last day, but was not filed, whereafter winter vacations commenced and courts were to reopen on 3-1-2008---Appeal filed on 1-1-2008 during winter vacations as urgent case with such application supported by affidavit of Counsel---Plea that such delay occasioned due to mistake of appellant's Counsel in calculating period of limitation---Validity---Appellant had not mentioned such plea in the application and affidavit of his Counsel---Appellant had advanced such plea while filing appeal as urgent case during winter vacations---Appeal for being time barred was dismissed in circumstances. Muhammad Azeem and another v. Muhammad Nawaz PLD 1961 (W.P.) Lah. 137; Muhammad Ramzan v. Ahmed Bux 1991 SCMR 716; Shafqat Hussain Shah v. Sakina Begurri and others 1987 CLC 664 and Pakistan and another v. Muhammad Hedayet Ullah PLD 1961 Dacca 29 ref. ORDER ZAHID HAMID, J.---At the very outset the learned Counsel for respondent has ' drawn the attention of this Court to the fact that the appeal which was preferred before the lower Court was barred by time. Learned counsel for petitioner submits that the Impugned Order was passed on 17-11-2007 and the application for grant of certified copy was made on 21-11-2007 thereafter the certified copy was delivered on 27-11-2007. In this manner 7 days were consumed in preparing the certified copy. The learned counsel has further stated that since the Impugned Order was passed on 17-11-2007 which was Saturday and the following day being Sunday the Limitation would not start running from Sunday but rather on Monday i.e. from 19-11-2007. If the time is computed from 18-11-2007 the appeal ought to have been filed on 24-12-2007 which could be the last day for filing appeal within the Limitation period of 30 days. However on this day the appeal was not filed where after winter vacations commenced. The courts were to reopen on 3-1-2008 when an urgent application supported with application and affidavit of the learned Counsel was filed on 1-1-2008 for…

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