Case Details

Citation(s)
2014 SLG 1790 2014 SLD 1790 2014 CLC 1318
Sindh High Court
Civil Revision Application No.28 of 2011, decision dated: 30-04-2014.
SHAHNAWAZ TARIQ, J

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

MUHAMMAD ESSA--Applicant

VS

ALI MUHAMMAD and 4 others

Law:

Section:

Limitation Act (IX of 1908)-------S. 5---Specific Relief Act (I of 1877), S.42---Suit for declaration---Condonation of delay---Ground of illness---Appellate Court dismissed application for condonation of delay---Validity---Applicant applied for the supply of certified copies even after the expiry of period of limitation for filing appeal---Medical certificate of the applicant did not mention that he remained in the hospital as an in-door patient and was bed-ridden and so was unable to file the appeal---No details of medicines or medical tests were shown in the certificate---Law favoured the vigilant and not the indolent---Applicant was not entitled to any concession for his negligence in filing appeal with inordinate delay---Applicant failed to show sufficient cause and reasonable ground to condone the delay in filing appeal whereas he was bound to furnish plausible explanation for delay of each and every day in filing appeal---No illegality or irregularity was pointed out in the impugned order---Revision was dismissed. Lal Khan through legal heirs v. Muhammad Yousuf through legal heirs PLD 2011 SC 657; IGI Investment Bank Ltd. v. Messrs Admore Gas (Pvt.) Ltd. and another 2014 CLD 658; Allah Dino v. Haji Ahmed through legal heirs and 3 others PLD 2006 Kar. 148 and Muhammad Hussain v. Waheed Ahmed and others 2000 MLD 281 rel. Muhammad Ishaque Khoso for Applicant. Zain-ul-Abdin Mirza for Respondents. Date of hearing: 10th March, 2014. JUDGMENT SHAHNAWAZ TARIQ, J.--- Through instant Revision Application filed under section 115, C.P.C., the applicant has impugned the order dated 21-12-2010 passed by the learned Ist Additional District Judge, Badin, whereby application under section 5 of Limitation Act filed by the applicant for condonation of the delay in filing of Civil Appeal No.148 of 2010 preferred by the applicant against the judgment and decree dated 27-10-2010 passed by the learned Senior Civil Judge, Badin in IIIrd Class Suit No.1 of 2003 ( Muhammad Essa v. Muhammad and others), was declined and consequently civil appeal was also dismissed in limine. 2. Relevant facts narrated in instant revision application are that the applicant purchased land bearing…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492