Law:

Section:

Limitation Act (IX of 1908)---S.5---Sindh Civil Courts Rules, R. 324---Limitation---Application for condonation of delay---Scope---Suit filed by the plaintiffs was decreed against which appeal along with application for condonation of delay were dismissed being time-barred---Validity---Civil Judge passed the and decree on 30-4-2005---Defendant applied for copy of the same on 2-5-2005 which were made ready on the same day but he supplied the stamp on 21-7-2005 after 78 days---Defendant should have supplied the stamps within 7 days---Defendant did not approach the Appellate Court in the months of May, June and 20 days of July---Month of July was summer vacations and defendant should have filed appeal on first opening day of the court i.e. 1-8-2005 but he filed the same with delay of 23 days---In order to succeed in application for condonation of delay, each and every day's delay was to be explained---Mis-calculation was no ground to condone the delay in filing of appeal as by expiry of period of limitation, valuable right vested in the plaintiffs of which they could not be deprived of---Defendant had failed in showing any bona fide mistake in calculating period of limitation---No jurisdictional error, factual or legal infirmity was found in the impugned order passed by the Appellate Court---Revision was dismissed in limine. Taza Gul and others v. Haji Fazal Subhan 2006 SCMR 504 and Zulfiqar and others v. Shahadat Khan PLD 2007 SC 582 distinguished. The West Pakistan Agricultural Development Corporation and 2 others v. Soomar and 2 others PLD 1984 Kar. 190; Muhammad Hussain v. Settlement and Rehabilitation Commissioner 1975 SCMR 304; Muhammad Saeed v. Shaukat Ali 1982 SCMR 285 and Mst. Rukhsana Ahmed v. Tariq Attaullah 1980 SCMR 36 rel. ORDER ZAFAR AHMED RAJPUT, J.---This civil revision under section 115, C.P.C. is directed against the order dated 10-3-2012 passed by the learned Additional District Judge, Kandiaro, District Naushehro Feroze, whereby the application under section 5 of the Limitation Act, 1908 in Civil Appeal No.113 of 2005, filed by the applicant against the judgment and decree dated 30-4-2005 passed by the learned 1st Civil Judge, Kandiaro,…

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