Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,R.1,2,S.151,O.XLIII,R.3

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,R.1,2,S.151,O.XLIII,R.3

Law: Limitation Act, 1908

Section: 5,14,2(7),3

(a) Limitation Act (IX of 1908)--------Ss. 5 & 14---Appeal---Scope and application of Ss.5 & 14, Limitation Act, 1908---Time spent in approaching wrong forum, condonation of---Scope---Provision of S.14 of Limitation Act, 1908 would not apply to an appeal---Provisions of S.14 read with S.5 of Limitation Act, 1908 would come in support of a party if conditions mentioned in S. 14 thereof existed---­Principles. (b) Limitation Act (IX of 1908)--- ----Ss. 3, 5 & 14---West Pakistan Civil Courts Ordinance (II of 1962), S.18---Appeal to High Court from an interim order of civil court after dismissal of appeal filed before District Judge for not being pressed by appellant for want of pecuniary jurisdiction---Application for condonation of time spent in court of District Judge---Appellant's plea that he handed over case to his counsel for filing appeal in proper forum, but he filed appeal in court of District Judge instead of High Court, thus time was not intentionally spent before District Judge---Validity---Provision of S.14 of Limitation Act, 1908 would not apply to an appeal---Application did not disclose circumstances which compelled appellant's counsel not named therein to file appeal before District Judge despite clear provision of S.18 of West Pakistan Civil Courts Ordinance, 1962---Appellant's counsel being a legal expert not only must have knowledge about pecuniary jurisdiction of forum of appeal, but could have known about law relating thereto by exercising due care and attention---Counsel while filing appeal before District Judge had acted negligently, and not in good faith and with due diligence---Application for condonation was not supported by an affidavit of counsel, who filed appeal before District Judge---Cause shown in the application was not sufficient for condoning such delay---High Court dismissed appeal for being barred by time. Karachi Electric Supply Corporation Ltd. v. Lawari and 4 others PLD 2000 SC 94; Furqan Habib and others v. Government of Pakistan and others 2006 SCMR 460; Mst. Khadija Begum and 2 others v. Mst. Yasmeen and 4 others PLD 2001 SC 355 and Muhammad Azhar Khan and another v. Assistant Commissioner/Collector, Toba Tek…

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