Law:

Section:

(a) Limitation Act (IX of 1908)-------Ss. 3 & 5---Condonation of delay---Principles---Delay of each day is to be explained---Mandatory duty under S.3 of Limitation Act, 1908, has been imposed upon court to dismiss a suit, appeal or application, if it has been instituted after prescribed period of limitation---Party wishing to take advantage of S.5 of Limitation Act, 1908, must therefore, satisfy the court that it was not negligent and had been prosecuting its case with due diligence and care. (b) Limitation Act (IX of 1908)--- ----S. 5---Limitation---Condonation of delay---Negligence of counsel---Effect---Negligence of counsel is negligence of party because he is agent of the party---Gross negligence on the part of counsel, while the party may have a good case for proceeding against him, cannot form a ground for extension of time under S.5 of Limitation Act, 1908---Party wishing to take advantage of S.5 of Limitation Act, 1908, must satisfy the court that it has not been negligent rather had been pursuing his case with due diligence and care and was not inactive. (c) Limitation Act (IX of 1908)--- ----S. 5---Condonation of delay---Old age has not been considered as a ground for condonation of delay under S.5 of Limitation Act, 1908. (d) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 22---Limitation Act (IX of 1908), S. 5---Appeal---Condonation of delay---Expression "sufficient cause"---Pre-condition--- Appellants contended that counsel representing them did not inform them about passing of and decree by Banking Court against them---Validity---In order to have benefit of S. 5 of Limitation Act, 1908, it was the duty of appellants to explain delay that elapsed beyond the period allowed by law for filing the appeal---Existence of "sufficient cause" was condition precedent for exercise of discretion under S.5 of Limitation Act, 1908---Expression "sufficient cause" was a cause which was beyond the control of party invoking aid of S.5 of Limitation Act, 1908---Cause of delay which, by due care and attention, the party could have avoided, could not be a "sufficient cause"---The test of whether or not a cause was sufficient was to…

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