Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 100---Second appeal---Limitation---Appeal was filed with delay of 66 days and no application under Section 5 of Limitation Act, 1908 for condonation of delay was moved---Appellate Court had dismissed the appeal being time barred---No illegality or infirmity was pointed out in the impugned s passed by the courts below---Defendant had failed to point out the violation of any law or substantial errors or defects in the decision upon merits of both the courts below---Second appeal was dismissed in circumstances. (b) Civil Procedure Code (V of 1908)--- ----S. 100---Second appeal---Bar---Scope---Section 100, C.P.C. barred second appeal on question of facts rather confined to the competency of High Court to deal with question of law and substantial errors or defects of procedure which would cause or might result in miscarriage of justice. Abdul Khalique for Appellant. Asim Iqbal along with Ms. Sumaya Tayeb for Respondent. Date of hearing: 20th May, 2014. ORDER FAROOQ ALI CHANNA, J.---- Appellant Abdul Malik Awan, through this IInd appeal, has called in question the judgment and decree dated 21-7-2012 and 25-7-2012 respectively passed by learned IIIrd Additional District Judge, Karachi West (hereinafter referred to as the Appellate Court) dismissing the Civil Appeal No.267 of 2010, filed by the appellant assailing the judgment and decree dated 20-9-2010 passed by learned IInd Senior Civil Judge, Karachi West (herein after referred to as trial Court) decreeing the Civil Suit No.488 of 2009. 2. The facts giving rise to file this IInd Civil appeal are that the respondent filed Civil Suit No.488 of 2009 against the appellant for recovery of Rs.2,75,000 (Two lacs, seventy five thousand only) claiming that they both jointly had purchased a Plot No.A-1-5/9, Sector A-1, measuring 200 sq. yds. along with building structure raised thereon situated in Qasba Township, Karachi, from Syed Muhammad Naseem under sale agreement dated 14-2-2007, later on by consent of all the parties the sale agreement was cancelled and another agreement dated 29-9-2007 was executed whereby the appellant delivered a post-dated Cheque No. 4081763 of…

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