Law: Limitation Act, 1908

Section: 5

Law: Limitation Act, 1908

Section: 5

Limitation Act (IX of 1908)-------S. 5---Condonation of delay---Powers of Court---Scope---Law of limitation would be construed strictly as its object was to help the vigilant and not the indolent---Delay defeated equities---Court of equity would always refuse its aid to stale demands, where a party had slept upon its rights and acquiesced for a great length of time---Delay of each day would have to be explained---Court had discretion to condone delay only after satisfying itself that there was sufficient cause for condonation of delay---Court had no power to exercise its direction arbitrarily even if an important point was involved in a case---Court while exercising its discretion would be duty bound to keep in view principles of equity and fairplay in a judicial manner. PLD 2011 SC 657; PLD 2011 SC 174; 2011 SCMR 1424; 2011 SCMR 1341; 1974 SCMR 104 and 1974 SCMR 223 rel. S. Hamad Ali Shah for Petitioner. Usman Manzoor for Respondent. Date of hearing: 1st October, 2012. JUDGMENT MRS. IRSHAD QAISER, J.--- Petitioner Fazal Hameed etc. have filed the present revision petition against the judgment and decree dated 19-7-2011 passed by learned Additional District Judge, Mardan whereby appeal of the petitioner against the judgment and decree dated 23-12-2010 has been dismissed. 2. Brief facts of the case are that respondents/plaintiffs filed suit for declaration etc. against the present petitioners/defendants. They contested the suit and after the culmination of trial, the learned trial Court vide judgment and decree dated 23-12-2010 decreed the suit of the respondents. The said judgment and decree, of the trial Court was assailed by petitioners/defendants by filing appeal, which was also dismissed vide judgment and order dated 19-7-2011 and now the petitioners filed the present revision petition and challenged the impugned order and judgment on different grounds inter alia that both the Courts below committed illegality by passing the impugned order and judgment/decree which cannot be sustainable in law. That the appellate Court has dismissed the appeal on the ground of limitation only, in spite of the fact of availability of evidence on the record and it was…

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