Law:

Section:

Limitation Act (IX of 1908)--- ----Ss. 5 & 14---Specific Relief Act (I of 1877), S. 12---Suit for specific performance of contract---Appeal---Determination of form of Appeal---Good faith---Condonation of delay---Scope---Applicant had not explained the delay after order of return of memorandum of appeal till filing of same before the High Court---Conduct of applicant was negligent in filing of appeal---Value of suit property for the purpose of court fee and jurisdiction was Rs. 3,150,000--No doubt or complication to determine the forum of appeal existed in the present case---Sections 5 & 14 of Limitation Act, 1908 for condonation of delay would be applicable if applicant was prosecuting his case with due diligence---Time consumed in wrong forum could not be condoned under S. 5 of Limitation Act, 1908 as applicant had failed to show that he prosecuted his remedy in good faith---Delay in the present case was on account of applicant's own negligence and not due to the act of court---Application for condonation of delay along with appeal were dismissed in circumstances. Karamat Ullah and 3 others v. Sardar Muhammad Aslam Sukhera 1999 SCMR 1892 rel. THIS ORDER PASSED BY: SHAHID WAHEED, JUSTICE The applicant, Abdul Sattar, instituted a suit against the respondents for possession of the suit property through specific performance of agreement to sell dated 24-5-2006. The respondents filed an application under Order VII, Rule 11, C.P.C. for rejection of plaint. The said application was accepted by the learned Civil Judge 1st Class, Okara who vide order and decree dated 8-10-2011 rejected the plaint. Feeling aggrieved, the applicant assailed the aforesaid decree through an appeal under section 96, C.P.C. before the learned Addl. District Judge, Okara. The valuation of subject matter in the suit was Rs. 3,150,000 which was beyond the pecuniary jurisdiction of the learned Addl. District Judge, Okara and, thus, vide order dated 18-5-2012 the appeal was returned to the applicant with a direction to file the same before the competent forum. Thereafter, the applicant on 3-9-2012 preferred an appeal before this Court along with the instant application under section 5 of…

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