Law: West Pakistan Land Revenue Act (XVII of 1967)

Section: 14,5

Limitation Act (IX of 1908) --- ----Ss. 14 & 5---Suit for compensation---Exclusion of time of proceedings in court without jurisdiction---Scope---"Due delegence" and "good faith"---Period provided for appeal was 90 days---Present appeal had been filed beyond the period of limitation after more than six months and twenty day which was prima facie time barred---Defendant had not disclosed in his application for condonation of delay nor relied on any ground that the delay caused in proceedings before wrong forum was with due diligence and with good faith---Expression "due diligence" and "good faith" did not figure in S.5 of Limitation Act, 1908---Condition prescribed in S.5 of the Act for its applicability was "sufficient cause"---Negligence of defendant was apparent and law did not favour those who went in slumber---Vested rights had accrued to the adverse party in circumstances and which could not be taken away on simple pretext---Defendant had failed to establish that time spent in proceedings before wrong forum was result of misconception of law or facts but he proceeded thereunder due diligence and with good faith---Appeal was dismissed in limine. Nazakat Ali v. WAPDA through Manager and others 2004 SCMR 145 and Khan Shahzada v. Allied Bank Ltd. 2013 PLJ 222(sic) rel. JUDGMENT IKRAMULLAH KHAN, J.---Through the instant appeal preferred under provisions of section 96 of C.P.C. 1908, the appellant has challenged the impugned judgment and decree dated 21-7-2012 passed by the learned Civil Judge-VI, Swabi. 2. The briefly stated facts are that respondents Nos. 1 to 6, instituted a civil suit for compensation against the appellant and rest of the respondents wherein, they alleged that one Abdur Rauf son of respondents l and 2, broke his hand in its house and was shifted to the private hospital owned and managed by rest of the respondents, whereof appellant carried an operation on the hand of the patient, but due to mis-care, lack of professional experience, mismanagement and lack of all other required equipments in this regard, the patient succumbed to its minor injury due to the negligence and lack of professional responsibilities of the appellant and rest of…

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